Bacon v. Bacon
Mississippi Supreme Court
From the circuit court, second district, of Carroll county. Hon. Wm. F. Stevens, Judge. Mary Kate Bacon, the appellee, was the plaintiff in the court below; the appellants were defendants there. The suit was for false imprisonment, in the detention of appellee, a maiden lady of about fifty years of age, in the state asylum for the insane, brought by her against her two brothers, two physicians and two other parties.
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From the circuit court, second district, of Carroll county. Hon. Wm. F. Stevens, Judge. Mary Kate Bacon, the appellee, was the plaintiff in the court below; the appellants were defendants there. The suit was for false imprisonment, in the detention of appellee, a maiden lady of about fifty years of age, in the state asylum for the insane, brought by her against her two brothers, two physicians and two other parties. She charges the defendants with malice and intent to injure her good name; that they knew she was not insane; that she was carried, against her will, to the asylum and confined…
1Opinion of the CourtWoods, C. J.
The capital error of the learned counsel for the defendant physicians is based upon the fact that these physicians had no power to make, and in truth did not make, any adjudication of the plaintiff’s insanity; that the certificate signed by and sworn to by them was an expression of opinion merely on their part, and that its sole office had been performed when it carried the plaintiff to the door of the asylum, and that the responsibility for her admission to and detention in that institution is fixed by the statute exclusively upon its superintendent and trustees. While the superintendent and…
2Cited by11 opinions
- Katie Ruth Anderson v. J. J. Nosser, James Bradley v. J. J. NosserCourt of Appeals for the Fifth Circuit · 1971
- Lee v. AlexanderMississippi Supreme Court · 1992
- Atkinson v. Dixie Greyhound Lines, Inc.Court of Appeals for the Fifth Circuit · 1944
- Beckham v. ClineSupreme Court of Florida · 1942
- Howell v. VienerMississippi Supreme Court · 1937
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