State v. Norton
Supreme Court of Kansas
Original Proceedings in Mandamus. Petition for mandamus, filed by S. M. Allen, county attorney of Douglas county, as relator, to compel Norton, probate judge of said county, to entertain an application to inquire into the alleged insanity of one J. McC. An alternative writ was allowed, commanding Norton to entertain the application, or show cause, etc. On the return of the writ, N0>’t°n appeared and moved that such writ be quashed.
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Original Proceedings in Mandamus. Petition for mandamus, filed by S. M. Allen, county attorney of Douglas county, as relator, to compel Norton, probate judge of said county, to entertain an application to inquire into the alleged insanity of one J. McC. An alternative writ was allowed, commanding Norton to entertain the application, or show cause, etc. On the return of the writ, N0>’t°n appeared and moved that such writ be quashed. The facts sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is an original action of mandamus in. this court, brought to compel the defendant, as probate judge of Douglas county, to entertain an information concerning-the alleged insanity of one Josephine McClellan. We shall notice but one 'matter, as that presents a complete defense to the action. It appears that, by proceedings in said probate court, in 1871, said Josephine McClellan had been once upon due inquiry adjudged insane, and committed to the asylum, *507from whence she had been thereafter discharged as one restored. In November 1876, an…
2Cited by8 opinions
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- State Ex Rel. Yale University v. SartoriusSupreme Court of Missouri · 1942
- State ex rel. Spickerman v. AllenSupreme Court of Missouri · 1887
- Morrissey v. RodgersSupreme Court of Kansas · 1933
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