Allgor v. New Jersey State Hospital
New Jersey Court of Chancery
This is a hearing upon a writ of habeas corpus sued out on behalf of Janies M. Allgor, who is confined at the New Jersey State Hospital at Trenton (the state asjdum for the insane). In (he return to the writ made on the 5th day of August, 1912, the respondents set up that James M. Allgor “is restrained of his liberty and detained at the N. J. State Hospital at Trenton, but * * * is. duly restrained lawfully by virtue of two requests and certificates for indigent patient’s…
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This is a hearing upon a writ of habeas corpus sued out on behalf of Janies M. Allgor, who is confined at the New Jersey State Hospital at Trenton (the state asjdum for the insane). In (he return to the writ made on the 5th day of August, 1912, the respondents set up that James M. Allgor “is restrained of his liberty and detained at the N. J. State Hospital at Trenton, but * * * is. duly restrained lawfully by virtue of two requests and certificates for indigent patient’s commitment to the New Jersey State Hospital (for the insane), at Trenton, * * It then sets out that 'the first of said…
1Opinion of the Court
Garrison, V. C.
(after making above statement).
So soon as the return was made and the traverse presented it was obvious that the initial question was that which concerned', the legislation upon the subject-matter and the legal effect to he given the requests and certificates herein.
It was observed that it was not proper to proceed to take evidence on disputed questions of fact until the legal questions arising on the face of the proceedings had been investigated and determined in such a manner ás to show the necessity of resorting to an investigation of matters of fact in dispute.
The…
2Cited by5 opinions
- Barry v. HallCourt of Appeals for the D.C. Circuit · 1938
- In Re HeukelekianNew Jersey Superior Court Appellate Division · 1953
- Ex Parte RomeroNew Mexico Supreme Court · 1947
- Robinson v. WinsteadSupreme Court of Virginia · 1949
- In Re TaylorNew Jersey Court of Chancery · 1929