2 Barb. Ch. 305
Decided May 4, 1847
New York Court of Chancery · decided 1847-05-04
A petition was presented praying for a commission in the nature of a writ de lunático inquirendo. The alleged lunatic formerly resided in Westchester county, but was now a resident in the state of Ohio. The petition did not set forth that he had any property in this state; although that fact was sworn to in the affidavits annexed to the petition.
Cited by 1 later decisions — most recently February 1894
1 state decisions
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Decided 1847-05-04
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¶1said the court had no jurisdiction to issue a commission, unless the alleged lunatic resided here, or was the owner of property in this state. And that in case of his non-residence, the fact of his owning property here must be stated in the petition. It was not sufficient to set it forth in the affidavits.
¶2Application denied.