Allen v. Barnwell
Supreme Court of Georgia
Habeas corpus. Before Judge Lewis. Baldwin superior court. May 10, 1904. Miss M. L. Barnwell sued out a writ of habeas corpus, alleging that she was detained in the sanitarium of Dr. H. D. Allen. In his answer he justified her detention by the fact that she had been placed in his care and custody by M. C. King, her guardian under appointment of the ordinary of Baldwin county, in a proceeding adjudging her to be insane.
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Habeas corpus. Before Judge Lewis. Baldwin superior court. May 10, 1904. Miss M. L. Barnwell sued out a writ of habeas corpus, alleging that she was detained in the sanitarium of Dr. H. D. Allen. In his answer he justified her detention by the fact that she had been placed in his care and custody by M. C. King, her guardian under appointment of the ordinary of Baldwin county, in a proceeding adjudging her to be insane. On the hearing the validity of this-judgment was attacked. King’s petition for the appointment of a guardian recited that M. L. Barnwell was insane and had no property and no…
1Opinion of the Court
LamáR, J.
(After stating the facts.) The delay involved in the necessity of giving ten days notice, before being able to obtain an order of commitment for one who is violent and insane, may occasion inconvenience or even danger. But it does not warrant *539the court in disregarding the command of the statute, though it may afford an argument to be addressed to the General Assembly with a view of shortening the time or of providing some proper method of restraint between the filing of the application and the hearing on the inquiry of lunacy. In the present case no notice whatever was given, nor was…
2Cases cited4 opinions
- Williams v. CrosbySupreme Court of Georgia · 1903
- Morton v. SimsSupreme Court of Georgia · 1879
- Yeomans v. WilliamsSupreme Court of Georgia · 1903
- Doe ex. dem. Foster v. RoeSupreme Court of Georgia · 1857
3Cited by11 opinions
- Owenby v. StancilSupreme Court of Georgia · 1940
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
- Milam v. TerrellSupreme Court of Georgia · 1958
- Powell v. HarrisonSupreme Court of Georgia · 1935
- Reagan v. PowellSupreme Court of Georgia · 1906
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