Legal Opinion

Adams v. Stewart

Supreme Court of Iowa

Decided March 11, 1924PublishedCited by 4 opinions

Appeal from Buchanan District Court. — H. B. Boies, Judge. AppellaNT filed bis petition for a writ of babeas corpus, alleging, in substance, that be was committed to defendant hospital by tbe commissioners of insanity of Linn County, Iowa, April. 10, 1922; that he is illegally restrained of bis liberty; that said illegality consists in this: that be is not now and never has been insane; that be is normal both mentally and physically, except that at periods be is afflicted…

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Appeal from Buchanan District Court. — H. B. Boies, Judge. AppellaNT filed bis petition for a writ of babeas corpus, alleging, in substance, that be was committed to defendant hospital by tbe commissioners of insanity of Linn County, Iowa, April. 10, 1922; that he is illegally restrained of bis liberty; that said illegality consists in this: that be is not now and never has been insane; that be is normal both mentally and physically, except that at periods be is afflicted with epileptic attacks. Tbe writ was issued, and after trial the trial court dismissed tbe petition and discharged tbe…

1Opinion of the CourtPreston, J.

Tbe question presented is almost entirely one of fact. There is a sharp conflict in tbe testimony at some points. This being so, we shall not go into tbe details. We have carefully read tbe record.

The bearing was had in April, 1923. There was some talk of a parole to plaintiff’s sister. Tbe talk of parole was on condition that tbe Linn County commissioners should consent thereto. Plaintiff’s wife objected, and tbe commissioners did not consent. Later, and on September 28, 1923, tbe trial court dismissed tbe petition.

Stated briefly, appellant’s claim for the evidence is that plaintiff, 52 or…

2Cases cited5 opinions

  1. Smidt ex rel. Smidt v. BenengaSupreme Court of Iowa · 1908
  2. Morrison v. DwyerSupreme Court of Iowa · 1909
  3. Addis v. ApplegateSupreme Court of Iowa · 1915
  4. Dunkin v. SeifertSupreme Court of Iowa · 1904
  5. Hall v. WintermuteSupreme Court of Iowa · 1912

3Cited by4 opinions

  1. Madsen v. ObermannSupreme Court of Iowa · 1946
  2. Cummings v. LainsonSupreme Court of Iowa · 1948
  3. Gibson v. LainsonSupreme Court of Iowa · 1953
  4. Molesworth v. BaumelSupreme Court of Iowa · 1924

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