In re Hanks
New York Court of Chancery
PETITION by the lunatic, stating that he had recovered Ms sound mind, and praying that he might be restored to Ms estate. The petition was accompanied with the affidavits of two ' persons in support of it
1Opinion of the Court
The Chancellor.
The English practice in such cases seems generally to be for the lunatic himself to attend upon the hearing of the petition, that he may be inspected by the Chancellor. (Ex parte Bumpton, Moseley, 78. Ex parte Ferrars, Id. 332.) The court is, no doubt, to exercise a sound discretion on the question of superseding a commission, and if serious doubts be entertained of the sanity of the party, the commission may be retailed for a time, though the party be restored to his personal liberty, as was done in the case of Ferrars ; or the Chancellor may award an issue to ascertain the…
2Cited by7 opinions
- Matter of CurtissNew York Court of Appeals · 1910
- Matter of BlewittNew York Court of Appeals · 1893
- Cockrill v. CockrillU.S. Circuit Court for the District of Western Missouri · 1897
- Cockrill v. CockrillCourt of Appeals for the Eighth Circuit · 1899
- In re the Alleged Lunacy of DavenportSupreme Court of New Jersey · 1901
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