Legal Opinion

Schutte v. Schutte

West Virginia Supreme Court

Decided September 21, 1920PublishedCited by 5 opinions

Error to Circuit Court, Harrison County. Habeas corpus by George Schutte against Henry M. Schutte and others, to obtain petitioner’s discharge from custody of a committee appointed by a lunacy commission to take charge of petitioner and his property. Judgment for defendants, and petitioner brings error.

1Opinion of the Court

PoEEENBARGER, JUDGE.'

Plaintiff in error having been declared insane by a lunacy commission, in consequence of which a committee appointed for the purpose has taken charge of him and his property, sought his discharge and restoration to liberty on a writ of habeas corpus. Upon a very full hearing, the court below found that he was able to distinguish between right and wrong in everything except the subjects of certain alleged delusions; that his mental powers, generally speaking, are unimpaired; and that he is competent to transact business. But, being of the opinion that he is afflicted with…

2Cases cited2 opinions

  1. Lawrence v. BarlowWest Virginia Supreme Court · 1915
  2. Leatherman v. LeathermanWest Virginia Supreme Court · 1918

3Cited by5 opinions

  1. State Ex Rel. Hawks v. LazaroWest Virginia Supreme Court · 1974
  2. State Ex Rel. Nutter v. MacEWest Virginia Supreme Court · 1947
  3. Schutte v. SchutteWest Virginia Supreme Court · 1922
  4. In Re Pickles'petitionDistrict Court of Appeal of Florida · 1965
  5. Greene v. EdwardsWest Virginia Supreme Court · 1980

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