Hoyt Committee of Wolcott v. Adee

By the Court —

Mullin, P. J.

On the trial of this cause Wolcott was offered as a witness and was objected to on the ground of lunacy. To establish his incompetency an inquisition finding him to be at the time of the finding a lunatic was offered in evidence. It was rejected on the ground that the defendant was not a party, and it was as to him res inter aUos acta. And that in order to establish the witness’ lunacy, witnesses must be produced who could testify thereto. The witness was sworn and examined as a witness, and the defendant’s counsel excepted.

The ruling of the learned judge is…