Sands v. Van Donge

The opinion of the court was delivered by

Fatzer, J.:

The question presented is whether the petition for a writ of habeas corpus states a cause of action entitling the petitioner to a discharge from the custody of her daughter, with whom she is living, and from the duly appointed guardian of her person and estate.

The record discloses the following: The petitioner, Cordelia E. Davis, was adjudged incompetent by a jury in the probate court of Nemaha County. She appealed from that judgment and on February 3, 1955, was again adjudged incompetent following a jury trial in the district court.…