Faulkner v. M'Clure

Decided August 15, 1820

New York Supreme Court · decided 1820-08-15

moved that Stephen Jackson and Wheeler Case, attorneys of this Court, be appointed ¶ , . . „ attorneys to plead and defend in this cause, in behaJf of William M'Clure, and Nancy M'Clure, two of the defendants, who were non compos mentis, but not idiots from nativity, and were of full age. He read an affidavit, stating {-hat jacjtson and Case had given notice of retainer for one of the defendants, and that they were willing to appear for the said William and Nancy.

Good law ✅— No negative treatment on recordhow we know

Decided 1820-08-15

How this case has been cited

Cited by 8 later decisions — most recently January 1933

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This Court has no settled rule of practice", in a case like the present; but we see no objection to granting a rule that the attorneys who have been named, appear and defend for the defendants, stated in the affidavit to be of unsound mind and of full age.

¶2Rule granted.(a)

¶3Vide 1 Collinson on Lunacy, 341. s. 10, 11, 12, 13. p. 342. s. 15. If an idiot has irregularly appeared, and defended an action by attorney, it cannot be assigned for error. 2 Saund. 336. The Court of K. B. will not discharge a defendant from custody, on common bail, on the ground of his being insane at the time of his arrest, or had become so afterwards. Kernot v. Norman, 2 Term Rep. 390. Nutt v. Verney and others, 4 Term Rep. 121.