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In view of the express finding of the court at Special Term, that the person whose custody is in question in this proceeding is not insane, we think there was no authority to remand her to the custody of the respondent. The order is, therefore, modified by striking out the direction that she be so remanded, and as so modified is affirmed, without costs of this appeal. Bartlett, Woodward, Jenks, Rich and Miller, J J., concurred.
Document Info
Citation Numbers: 110 A.D. 921, 96 N.Y.S. 1140
Filed Date: 12/15/1905
Precedential Status: Precedential
Modified Date: 11/12/2024