1. Home
  2. Browse Decisions
  3. N.J.
  4. 1 N.J.
  5. 1 N.J. 368 (1949)
 

MISKE v. HABAY

1 N.J. 368 (1949)

63 A.2d 883

JOHN A. MISKE AND MARY GAYDOS JOHNSON, COMPLAINANTS-APPELLANTS, v. JOSEPH HABAY, A MENTAL INCOMPETENT, ET AL., DEFENDANTS-RESPONDENTS, AND UNITED STATES FIDELITY AND GUARANTY COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 14, 1949.

Attorney(s) appearing for the Case

Mr. Nicholas Martini argued the cause for complainants-appellants.

Mr. Marshall Crowley argued the cause for defendant-appellant (Mr. William P. Braun on the brief).

Mr. Conover English argued the cause for respondent, I. Arthur Weiss, guardian ad litem of Joseph Habay, a mental incompetent (Messrs. McCarter, English & Studer, attorneys).

The opinion of the court was delivered by HEHER, J.

The essential question here is whether the old Orphans' Court had jurisdiction to entertain and adjudicate an account tendered by the putative guardians of a mental incompetent whose appointment as such guardians was void for want of notice of the proceeding to the incompetent.

There was an adjudication of mental incompetency on an inquisition issued out of the old Court of Chancery; and thereafter, on September...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases