Legal Opinion

In re the Insanity of Bresee

Supreme Court of Iowa

Decided May 22, 1891PublishedCited by 26 opinions

Appeal from Harrison District Qourt. — Hon. G. W. Wakefield, Judge. In July, 1890, tlie commissioners of insanity of Harrison county adjudged Emma Bresee insane, and ' ordered her committed to the asylum at Mt. Pleasant.

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Appeal from Harrison District Qourt. — Hon. G. W. Wakefield, Judge. In July, 1890, tlie commissioners of insanity of Harrison county adjudged Emma Bresee insane, and ' ordered her committed to the asylum at Mt. Pleasant. From the action of the commissioners she appealed to ■ the district court,, and thereupon the commissioners directed the supervisors of the county to take charge of and care for her pending the appeal, and she was by the board of supervisors placed in the custody of W. A. Granger, as its agent. On the second day of August she obtained a writ of habeas .corpus from Hon. George…

1Opinion of the CourtG-kaNG-eb, J.

I. The assignments of error relating to the appeal from the judgment of Judge Cabsok in i. insahitt: ■ PMs:'fiu'?stion-habeas corpus proceedings are as follows dic- ; “First. The judge erred in assuming jurisdiction to • determine the appellant

a fit subject for treatment in the asylum. Second. The judge erred in adjudging her a fit subject for treatment in the insane‘asylum.” The former assignment relates to the authority of the judge to act; the latter, conceding the authority, to the validity of the acts. The only claim, as we understand, for the first assignment is that the judge had no…

2Cases cited4 opinions

  1. County of Black Hawk v. SpringerSupreme Court of Iowa · 1882
  2. Chavannes v. PriestleySupreme Court of Iowa · 1890
  3. Ex rel. Shaw v. NachtweySupreme Court of Iowa · 1876
  4. Gilmore & Smith v. Ferguson & CassellSupreme Court of Iowa · 1869

3Cited by26 opinions

  1. White v. WhiteTexas Supreme Court · 1917
  2. People v. ChapmanMichigan Supreme Court · 1942
  3. People v. PiaseckiMichigan Supreme Court · 1952
  4. Home Savings & Trust Co. v. District Court of Pole CountySupreme Court of Iowa · 1903
  5. In Re Idleman's CommitmentOregon Supreme Court · 1933

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