Territory ex rel. McCann v. Sheriff of Gallatin County

This is an appeal from an order of the judge of the first judicial district, made at chambers, remanding the appellant to the custody of the respondent, after a hearing upon a return to a writ of habeas corpus. The relator was held by the sheriff, by virtue of a warrant of commitment, issued out of the probate court of Gallatin county to the said sheriff, ordering him to be confined in ■ the asylum for the insane, at Warm Springs, Montana territory. The statute under which the probate gourt proceeded, and by virtue of which the commitment was issued, is as follows: “From and after the passage…