In re Allen
Supreme Court of Vermont
Habeas Corpus, brought to the Supreme Court for Lamoille County at its May Term, 1909, and then heard on the pleadings. The opinion states the ease. The statute under which the relator was committed is void because in violation of the requirements of due process of law. That statute makes no provision for notice of the proceedings to the alleged insane person. The statute must expressly provide for such notice. Stearns v. Barre, 73 Yt. 281; Johnson v. Joliet etc.
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Habeas Corpus, brought to the Supreme Court for Lamoille County at its May Term, 1909, and then heard on the pleadings. The opinion states the ease. The statute under which the relator was committed is void because in violation of the requirements of due process of law. That statute makes no provision for notice of the proceedings to the alleged insane person. The statute must expressly provide for such notice. Stearns v. Barre, 73 Yt. 281; Johnson v. Joliet etc. R. R., 23 111. 202; Stuart v. Palmer, 74 N. Y. 183; Rees v. Watertown, 19 Wall. 107; Louisville R. R. Go. v. Schmidt, 77 U. S. 230.…
1Opinion of the CourtWatson, J.
It appears from the complaint and the respondent’s return that Lydia Ann Allen was committed to the Vermont State Hospital for the Insane at Waterbury on the 17th day of October, 1906, by virtue of an order of removal made by the judge of probate for the district in which she lives, as an insane state pauper, and the certificate of two physicians as to her insanity was left with the respondent as superintendent'of said hospital by the authorized person executing the order and in connection therewith; and that by virtue of said order and the certificate of the physicians, and not otherwise,…
2Cases cited37 opinions
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Simon v. CraftSupreme Court of the United States · 1901
- Louisville & Nashville Railroad v. SchmidtSupreme Court of the United States · 1900
- Grenada County Supervisors v. BrogdenSupreme Court of the United States · 1884
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3Cited by44 opinions
- Trybulski v. Bellows Falls Hydro-Electric Corp.Supreme Court of Vermont · 1941
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- Sabre v. Rutland RailroadSupreme Court of Vermont · 1913
- Barry v. HallCourt of Appeals for the D.C. Circuit · 1938
- Leonard v. WillcoxSupreme Court of Vermont · 1928
39 more not listed; retrieve them via the Exa API.