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In re Hoyt

11 N.Y. St. Rep. 889 Court N.Y. Gen. Term Decision date 1887-10-27 English

Contents

Majority

p. 889
IN THE MATTER OF HELEN M. HOYT.

Headnote

Committee of the person—Order appointing—Sufficiency of affidavit.
Appeal from order appointing committee of the person of Mary Irene Hoyt.
F. J. Dupignac, for app’lt; J. M. Van Cott, for resp’t.

—Disregarding the affidavit of Dr. Milne, which we must do under the provisions of section 834 of the Code, the only proof by affidavit that the case presented is one specified in title 6 of the Code of Civil Procedure is that of George R. Dutton, a justice of the peace in Englewood, N. J. This affidavit relates only to one occasion, and affords no proof of the fact alleged that the person proceeded against is an habitual drunkard.

The order must be reversed without costs, and an order entered dismissing the proceedings, with leave to renew upon additional papers.