In re Grau

Appellate Division of the Supreme Court of New York

In re Grau

205 A.D. 893

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1923

DocketAppeal No. 1.

StatusPublished

This text of 205 A.D. 893 (In re Grau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Grau, 205 A.D. 893 (N.Y. Ct. App. 1923).

Pincite

Opinion

— Order directing physical examination of alleged incompetent reversed upon the law and the facts, and motion denied, without costs. We think in the interests of justice the inquiry as to the respondent’s sanity should be decided after trial of the question before the justice presiding, and a jury, at the regular Trial Term in Suffolk county, beginning February 5, 1923. In the event that the alleged incompetent is not produced at the trial, the court may then direct that she be examined by a disinterested physician or physicians to ascertain whether she is physically capable of attending. In the event of determination that she is not physically able to attend, then such physician or physicians may examine her as to her mental condition, and testify to the result of such examination upon the trial. Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.

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— Order directing physical examination of alleged incompetent reversed upon the law and the facts, and motion denied, without costs. We think in the interests of justice the inquiry as to the respondent’s sanity should be decided after trial of the question before the justice presiding, and a jury, at the regular Trial Term in Suffolk county, beginning February 5, 1923. In the event that the alleged incompetent is not produced at the trial, the court may then direct that she be examined by a disinterested physician or physicians to ascertain whether she is physically capable of attending. In the event of determination that she is not physically able to attend, then such physician or physicians may examine her as to her mental condition, and testify to the result of such examination upon the trial. Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.

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Bluebook (online)

205 A.D. 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-grau-nyappdiv-1923.