White v. White
Texas Supreme Court
Error to the Court of Civil Appeals for the Eighth District in an appeal from El Paso County. Being restrained of her liberty by her husband, J. A. White, and others, under an adjudication that she was an insane person, Mrs. Lillie White brought habeas corpus, alleging that the proceeding, which was under the Act of April 8, 1913, was void because of the unconstitutionality of the Act.
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Error to the Court of Civil Appeals for the Eighth District in an appeal from El Paso County. Being restrained of her liberty by her husband, J. A. White, and others, under an adjudication that she was an insane person, Mrs. Lillie White brought habeas corpus, alleging that the proceeding, which was under the Act of April 8, 1913, was void because of the unconstitutionality of the Act. Her claim of the invalidity of the Act was denied by the trial court, but sustained on her appeal, whereupon J. A. White obtained writ of error.
1Opinion of the CourtJustice Hawkiets
Is the lunacy statute which was enacted by the Thirty-third Legislature, Acts 1913, chapter. 163, pages 341-347, amending chapter 1, title' 10, Revised Statutes, 1911, unconstitutional ?
That is the main question in this habeas corpus proceeding, in which the District Court of El Paso County, Thirty-fourth Judicial District, upheld said Act as valid, but in which our Court of Civil Appeals for the Eighth Supreme Judicial District declared it void. 183 S. W., 369.
Under the provisions of said Act, and upon the unanimous report of “six commissioners,” all of whom were physicians, and without a…
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