Legal Opinion

In re Klock

New York Supreme Court

Decided October 15, 1888PublishedCited by 1 opinion

Appeal from Oneida county court. Simeon Block resided at Vernon, Oneida county, N. Y., and was 81 years old when his son, Henry Block, on the 17t'h day of November, 1887, petitioned the county court to appoint a committee for. him, and that a commission de lunático inquirendo issue. The commission was issued to one John F. Tuttle, who caused a jury to be summoned.

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Appeal from Oneida county court. Simeon Block resided at Vernon, Oneida county, N. Y., and was 81 years old when his son, Henry Block, on the 17t'h day of November, 1887, petitioned the county court to appoint a committee for. him, and that a commission de lunático inquirendo issue. The commission was issued to one John F. Tuttle, who caused a jury to be summoned. Simeon Block ap-pea red by counsel and contested the allegations of the petition. -A juror — Neil Duress — was examined on his voir dire, and answered as follows: “Examined by Mr. Jenkins. I am acquainted with the respondent, Simeon…

1Opinion of the CourtHardin, P. J.

Section 2330 of the Code of Civil Procedure provides for a precept to the sheriff, requiring him to notify not less than 12 nor more than 24 indifferent persons qualified to serve, and not exempt from serving, as trial jurors in the same court, to appear before the commissioner at a specified time and place within the county, to make inquiry as commanded by the commissioner. The sheriff must notify the jurors accordingly, and must return the precept, and the names of the persons notified, to the commissioner, at the time and place specified in the precept. The commissioners, or a majority of…

2Cases cited5 opinions

  1. Holcomb v. . HolcombNew York Court of Appeals · 1884
  2. Greenfield v. . PeopleNew York Court of Appeals · 1878
  3. In re WagerNew York Court of Chancery · 1836
  4. Lord v. Brown & BouckNew York Supreme Court · 1848
  5. Tebout's CaseNew York Supreme Court · 1859

3Cited by1 opinion

  1. Black v. TerritoryWyoming Supreme Court · 1890

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