Rose v. Rose

While I agree with the majority that Rose is entitled to a hearing, I do not agree that the order should be reversed. These exact contentions were made to the Court in the case of Barbee v. Kolb, Supt., 207 Ark. 227, 179 S. W. 2d 701. There, Barbee, through habeas corpus proceedings, sought to obtain his discharge from the State Hospital for Nervous Diseases, setting out that the proceedings of the Probate Court committing him to the hospital were void for the following reasons:

‘ ‘ a. Such proceedings were conducted in the absence of appellant and without his knowledge because he was not…