Shields v. Johnson County
Supreme Court of Missouri
Appeal .from Johnson Circuit Court. — Hon. W. "W. Wood, Judge. (1) The insanity is determined by the Governor instead of by the county court. Upon the order of the Governor transferring the insane criminal to the asylum it is imperative upon the officers of the asylum to receive and keep such insane person in the asylum until he is restored to reason.
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Appeal .from Johnson Circuit Court. — Hon. W. "W. Wood, Judge. (1) The insanity is determined by the Governor instead of by the county court. Upon the order of the Governor transferring the insane criminal to the asylum it is imperative upon the officers of the asylum to receive and keep such insane person in the asylum until he is restored to reason. R. S. 1889, sec. 506; G. S. 1865, p. 321, sec. 47. (2) There is no provision as to the residence of the insane poor person undergoing sentence as a criminal. The only condition of such person becoming a county patient is the fact that he is an…
1Opinion of the Court
ON MOTION FOB, EEHEABING-.
Burgess, J.
At the April term, 1897, we reversed the judgment of the court below in this case, and remanded the cause for further trial. Since then the defendant has presented a motion for rehearing, and *80upon further consideration we are of the opinion that upon one question raised in the motion to be hereafter passed upon, we committed error.
It is insisted in the motion that it was a condition precedent to the right of plaintiff’s recovery that the county court of Johnson county must first find that Canute Farland was a citizen of that county; that he was insane and…
2Cases cited7 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- Reed v. SwanSupreme Court of Missouri · 1896
- State ex rel. Parker v. ThompsonSupreme Court of Missouri · 1867
- State ex rel. City of Moberly v. FergusonSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- State ex rel. Scott v. DirckxSupreme Court of Missouri · 1908
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Ex Parte Lime v. BlaggSupreme Court of Missouri · 1939
5 more not listed; retrieve them via the Exa API.