State ex rel. Larkin v. Ryan
Wisconsin Supreme Court
CeRtioRARI. The following statement of the case was prepared by Mr. Justice Cassoday: May 5, 1887, the relator was committed to the insane asylum, under ch. 194, Laws of 1887, and by virtue of the following commitment, t.o wit: The State of Wisconsin,, to the Superintendent of the Milwaukee Insane Asylum, greeting: Whereas, heretofore Charles H. Larkin, by his complaint in tvriting addressed to Hon. James A. MalloRy, judge of the municipal court of the city and county of…
Read the full summary
CeRtioRARI. The following statement of the case was prepared by Mr. Justice Cassoday: May 5, 1887, the relator was committed to the insane asylum, under ch. 194, Laws of 1887, and by virtue of the following commitment, t.o wit: The State of Wisconsin,, to the Superintendent of the Milwaukee Insane Asylum, greeting: Whereas, heretofore Charles H. Larkin, by his complaint in tvriting addressed to Hon. James A. MalloRy, judge of the municipal court of the city and county of Milwaukee, being a court of record within said county, charged his son, Gourtland P. Parkin, with being an inebriate,…
1Opinion of the CourtCassoday, J.
The relator’s right to a discharge depends upon the validity of ch. 191, Laws of 1887, under which he was arrested, tried, convicted, and sentenced to confinement for the period of two years. This act is certainly anomalous. It is entitled “ An act relating to inebriates and habitual drunkards.” The language of the act, however, leaves it somewhat doubtful whether it should be regarded as penal or paternal. If it is to be regarded as penal, then its validity would seem to turn upon widely different considerations than if it were paternal; and if it is to be regarded as paternal, then its…
2Cases cited5 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Barbier v. ConnollySupreme Court of the United States · 1885
- Crocker v. StateWisconsin Supreme Court · 1884
- In re LynchNew York Court of Chancery · 1835
3Cited by19 opinions
- In Re NewbernCalifornia Supreme Court · 1960
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State v. RedmonWisconsin Supreme Court · 1907
- Baker v. StateWisconsin Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.