In re Vanderbilt
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward Ward Vanderbilt, an alleged incompetent, from an order of the Supreme Court, made at. the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of ¡November, 1907, confirming an inquisition in lunacy theretofore filed herein, and appointing a committee, and also from an order entered in said clerk’s office on the same day denying the appellant’s motion to vacate and set aside the-said inquisition because of…
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Appeal by Edward Ward Vanderbilt, an alleged incompetent, from an order of the Supreme Court, made at. the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of ¡November, 1907, confirming an inquisition in lunacy theretofore filed herein, and appointing a committee, and also from an order entered in said clerk’s office on the same day denying the appellant’s motion to vacate and set aside the-said inquisition because of the misconduct and improper action of the jurors, the deputy sheriff in charge of said jurors, and the counsel for the…
1Opinion of the Court
Rich, J.:
It will be unnecessary to consider whether there is sufficient evidence to sustain the findings, because we must reverse the orders and direct a new hearing upon the ground that the Special Term erred in denying the motion to vacate and set aside the inquisition.
The first question presented upon this branch of the case is, what is the legal compensation of a juror in these proceedings ? and the second, do the facts show improper conduct and acts which might have influenced the jurors in arriving at a verdict?
We cannot determine with certainty, nor is it necessary that we should, that…
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