In re Hopper
New York Court of Chancery
This was an application by the committee of a lunatic i& stay the. proceedings in certain suits commenced against the lunatic, after he had been found to be of unsound mind, upon a regular inquisition, under a commission issued out of the court of chancery.
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This was an application by the committee of a lunatic i& stay the. proceedings in certain suits commenced against the lunatic, after he had been found to be of unsound mind, upon a regular inquisition, under a commission issued out of the court of chancery. The petitioner also asked for a stay of the proceedings upon executions, against the property of the lunatic, which had been issued out of a court of law before1 the institution of the proceedings in the court of chancery, to obtain a commission of lunacy. The proceedings in this court were commenced before the vice chancellor of the first…
1Opinion of the Court
The Chancellor.
After the appointment of a committee of a lunatic by this court, no creditor can be permitted- to interfere with the property in the hands of the committee, without the permission of the chancellor or vice chancellor having jurisdiction of the case. And the sheriff who should attempt to levy upon the property of the lunatic, finder such circumstances, would be punished as for- a contempt of the court. Neither will this court permit a suit at law to be brought against the lunatic, without first asking the permission of the court, for the recovery of a debt, or otherwise, while…
2Cited by27 opinions
- Grant v. HumbertAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Union Bag & Paper Corp. v. GilbertNew York Supreme Court · 1932
- Crippen v. CulverNew York Supreme Court · 1852
- Sternbergh v. SchoolcraftNew York Supreme Court · 1848
- Baldwin v. McArthurNew York Supreme Court · 1854
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