In re McAdams
New York Supreme Court
Appeal by Louisa R. McAdams, a supposed lunatic, from two-orders made at Special Term, denying a motion made on behalf of the alleged lunatic, for an order directing the petitioner herein to pay her costs and disbursements. This Was a proceeding de lunático inquirendo, instituted by one William A. McAdams, a son of the alleged lunatic, to have her, his mother, declared insane. The petitioner failed to establish the alleged lunacy.
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Appeal by Louisa R. McAdams, a supposed lunatic, from two-orders made at Special Term, denying a motion made on behalf of the alleged lunatic, for an order directing the petitioner herein to pay her costs and disbursements. This Was a proceeding de lunático inquirendo, instituted by one William A. McAdams, a son of the alleged lunatic, to have her, his mother, declared insane. The petitioner failed to establish the alleged lunacy. On the report of the commissioners, Mrs. McAdams’ counsel moved the court to confirm the report, and for an allowance to the commissioners, and for her costs and…
1Opinion of the Court
Barnard, P. J.:
Assuming the proceedings de lunático inquirendo to be special proceedings, within the meaning of chapter 270, Laws of 1854, the court had no power to grant extra allowances to the alleged lunatic, upon inquisition being found in her favor. (Matter of Rensselaer and Saratoga R. R. Co. v. Davis, 55 N. Y., 145.)
It is not a matter of course to charge a petitioner with costs when he fails to establish the lunacy charged. If he has acted in good faith, and upon probable cause, he will not be charged. (Matter of Giles, 11 Paige, 638.) The court made a more favorable order than was…
2Cases cited2 opinions
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- In re GilesNew York Court of Chancery · 1845