Washer v. Slater (67 A.D. 385, 1901)

Edwards, J.:

This action was brought to recover damages for the false imprisonment of the plaintiff by the defendant in the insane asylum at Ogdensburg, H. T.

The complaint sets forth the petition and certificate of the two medical examiners presented' to the county judge of Eranklin county on the application of the defendant to have the plaintiff adjudged to be insane and to be committed to an asylum, and alleges that they were insufficient to confer jurisdiction on the county judge to make the order of commitment.

The answer avers that all the proceedings under the application of the defendant to the county judge were regular and legal.

At the close of the plaintiff’s case the court dismissed the complaint on the ground that the county judge had jurisdiction to make the order, of commitment.

The facts as disclosed on the trial are that the application to the county judge was made by the defendant, whose verified petition sets forth that he is a son-in-law of the plaintiff, and that the facts upon which the application is based are “ Several irrational acts, such as trying to obtain the arrest of parties for fictitious crimes & leaving his home & going to hotel to board without any cause therefor & try to have his wife who is perfectly sane kept under lock