Appellate Division of the Supreme Court of New York, 1935

In re Vanderbilt

Appellate Division of the Supreme Court of New York · Decided October 11, 1935

245 A.D. 390; 282 N.Y.S. 506; 1935 N.Y. App. Div. LEXIS 10313

Counsel

Henry W. Taft of counsel [Catherine Noyes Lee with him on the brief; Cadwalader, Wickersham & Taft, attorneys], appearing specially for the appellants., Nathan Burkan of counsel [Louis D. Frohlich, Herman Finkelstein and James A. Murray with him on the brief], for the respondent Gloria Morgan Vanderbilt., Joseph M. Proskauer of counsel [Frank L. Crocker and Theodore J. Miller with him on the brief; Frank L. Crocker and Dunnington & Gregg, attorneys], for the respondent Gertrude Vanderbilt Whitney.

Opinion of the Court

Per Curiam.

The only question presented by this appeal is the jurisdiction of the Supreme Court to make the original order bringing in the guardians as parties to this proceeding. The Supreme Court clearly had jurisdiction to make this order. The question *391of the propriety of the exercise of that jurisdiction may be raised only by an appeal from the original order and no such appeal was taken by the guardians. For these reasons and without giving our approval to certain of the statements in the opinion of the court below (not reported), the order appealed from should be affirmed.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer; Glennon, J., dissents and votes to reverse and grant the motion.

Order denying motion of the general guardians of Gloria Laura Morgan Vanderbilt, an infant, to vacate an order of the Supreme Court, New York county, making them parties to the habeas corpus proceeding “ for the better enforcement of the decree ” to be entered in the proceeding, affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.