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In re Griffin

5 Abb. Pr. 96 Court Supreme Court, First District ; General Term, English

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p. 96
MATTER OF GRIFFIN.
Supreme Court, First District ; General Term,
Nov., 1868.

Headnote

Appointment of Committee.—Appealable Order.
An older removing the committee of a lunatic, and appointing another person in his stead, is a matter in the discretion of the court, and an appeal does not lie therefrom to the general term.
Appeal from an order.
In the month of September, 1865, Griffin was declared a lunatic. His wife and one George E. Ranous were appointed committee of his person, and Ranous was also appointed committee of the property and estate of the lunatic.
In July, 1868, Mrs. Griffin applied by petition to have Ranous removed, making various charges against him. The matter was heard on affidavits before Mr. Justice Cardozo, who removed Ranous, and substituted James M. Sweeney, Esq., in his place.
Ranous appealed to the general term.
A. Prentice, for appellant.
R. D. Hatch, for respondent.

—The court may always change its officer, whenever it thinks proper to do so. It is a matter resting wholly in discretion, and cannot be reviewed. The order below is not appealable, and the appeal must be dismissed with costs.

Ordered accordingly.

Footnotes

  1. * Present, Barnard, P. J., and Ingraham and Cardozo, JJ.