Lamoree's Case
New York Supreme Court
Appeal from order of the County Court denying a motion to set aside an inquisition of lunacy and an order appointing a committee. Jerusha Lamoree was, by proceedings on a writ de lunático inguirendo, in the County Court of Dutchess county, declared a lunatic, and subsequently, on the application of the petitioner, a committee was appointed of her person and estate.
Read the full summary
Appeal from order of the County Court denying a motion to set aside an inquisition of lunacy and an order appointing a committee. Jerusha Lamoree was, by proceedings on a writ de lunático inguirendo, in the County Court of Dutchess county, declared a lunatic, and subsequently, on the application of the petitioner, a committee was appointed of her person and estate. On behalf of parties interested, a motion was made before the County Court to set aside the proceedings, which being denied, the present appeal was taken. The grounds of the questions raised are stated in the opinion.
1Opinion of the Court
By the Court.*—Brown, J
The papers read upon this motion before the County Court, afford ground for the belief that the proceedings upon the execution of the writ de lunatico in*275quirendo were not free from some irregularity, and if the principal fact which it was the object of the proceedings to establish and ascertain was left open to any doubt, it might be right to set them aside, and institute a new inquiry, so that the mental condition of the person affected by them should be established positively and certainly. The lunacy of Jerusha Lamoree is not, as I understand, disputed. Her…
2Cited by13 opinions
- Matter of RothmanNew York Court of Appeals · 1933
- Matter of AndrewsNew York Court of Appeals · 1908
- In re the Appointment of a Committee of the Person & Property of WestAppellate Division of the Supreme Court of the State of New York · 1961
- In re RogersNew York Supreme Court · 1881
- In re OwensNew York Court of Common Pleas · 1874
8 more not listed; retrieve them via the Exa API.