New Jersey Equity Reports Volume 61

New Jersey Equity Reports Volume 61

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ... Smiths says: "The application may be made on behalf of the person of unsound mind or on behalf of the plaintifi. On a motion by plaintifi, an order was made to appoint a guardian for the defendant to put in his answer, he being a lunatic, and the fact being verified by afiidavit," referring to Howlett v. Wilbraham, 5 Madd. 423. And see Shelf. Lun. 558 et seq., where it appears that, under the old English practice, it was usual, on the application of the coin plainant, to appoint one of the six clerks guardian. At p. 560--., Mr. Shelford tells us that Lord Eldon compared the practice with respect to lunatics with that in respect to infants; said that such practice, and that of paying the expenses out of the property of such persons, could be justified only by the necessity of taking care of them, referring to Sherwood v. Sanderson, 19 Ves. 283, 289. In the case of E'stc0m't v. Ewington, 9 Sim. 1252, motion was made on behalf of a plaintiff in equity that a wife should answer separately upon proof that her husband was insane, and therefore incapable of answering, and the court looked into the practice and ordered one of the clerks to be appointed guardian Ammon n. Wiebold. for the husband. Some half a dozen cases, taken from the registry by one of the clerks, are there collected. In Copous v. Kauffman, 3 Ed. Ch. 370, Vice-Chancellor McCoun, on the application of the plaintiff against an imbecile defendant, appointed a guardian. And see other cases cited in the notes to that case; and see Barb-. Ch. Pr. 81, 151, and 1 Dan. Ch. Pr. 176. Without citing further cases, the.result of my investigation is that the proceedings in this case were wholly irregular. Complainant had no right to take, a decree pro confesso, or any more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • United States
  • English
  • black & white illustrations
  • 1236854055
  • 9781236854056