Legal Opinion

In re the Alleged Lunacy of Davenport

Supreme Court of New Jersey

Decided November 15, 1901PublishedCited by 1 opinion

On appeal by James L. Davenport from a decree denying an application to set aside an inquisition of lunacy, or for leave to traverse the inquisition, or to have an issue to try the fact of his alleged lunacy and confirming the proceedings and inquisition.

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On appeal by James L. Davenport from a decree denying an application to set aside an inquisition of lunacy, or for leave to traverse the inquisition, or to have an issue to try the fact of his alleged lunacy and confirming the proceedings and inquisition. The conclusions of the chancellor are as follows: Counsel first asks that the inquisition be set aside on the grounds of various alleged irregularities and omissions appearing in or disclosed by the affidavits taken on this rule. None of the irregularities and omissions which is made to appear are considered to have tended in the least…

1Opinion of the Court

The opinion of the court was delivered by

Adams, J.

A commission, in the nature of a writ de lunático inquirendo, issued out of the court of chancery to inquire of the lunacy of James L- Davenport. The commission was executed, and an inquisition was returned finding that said James L. Davenport, at the time of taking the inquisition, was a lunatic. Thereupon counsel for the alleged lunatic obtained an order to show cause why the inquisition of lunacy should not be set aside, or why said Davenport should not have leave to traverse the inquisition, or have an issue to try the fact of his alleged…

2Cases cited2 opinions

  1. Federal Trust Co. v. ConklinNew Jersey Court of Chancery · 1916
  2. In re HanksNew York Court of Chancery · 1818

3Cited by1 opinion

  1. Frey Wholesale Grocery Co. v. Cocino & SonsLouisiana Court of Appeal · 1922

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