In re Huse
Court of Appeals for the Ninth Circuit
The petition of (Huirles E. Huse for the issuance of a writ of habeas corpus avers: That “he is unlawfully and forcibly imprisoned, and against his will detained, restrained of his liberty and lawful rights, 15 * * in the Southern California State Insane Asylum for the Insane and Inebriates, at Highland, county of San Bernardino, state of California.”
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The petition of (Huirles E. Huse for the issuance of a writ of habeas corpus avers: That “he is unlawfully and forcibly imprisoned, and against his will detained, restrained of his liberty and lawful rights, 15 * * in the Southern California State Insane Asylum for the Insane and Inebriates, at Highland, county of San Bernardino, state of California.” That the facts upon which this charge is made are set forth upon information and belief, and are substantially as follows: On November 21, 1885, at Santa Barbara, Cal., the petitioner was “forcibly, maliciously, and unlawfully arrested without a…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). The facts set forth in the petition are not of such a character as to authorize this court to issue the writ. It is within the province of the state legislature to determine the method of procedure that should be followed in procuring the confinement of persons who have become insane to such an extent as to render them dangerous to the community, or to themselves, to be at large. If the steps provided for by the statute of the state have not been followed, the redress of persons who have been improperly confined without warrant or authority of law is by…
2Cases cited17 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Roberts v. ReillySupreme Court of the United States · 1885
- Robb v. ConnollySupreme Court of the United States · 1884
- Ex Parte ReggelSupreme Court of the United States · 1885
- Whitten v. TomlinsonSupreme Court of the United States · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Miller v. Director, Middletown State HospitalDistrict Court, S.D. New York · 1956
- Kenney v. KillianDistrict Court, W.D. Michigan · 1955
- Shapley v. CohoonDistrict Court, D. Massachusetts · 1918
- Hall v. VerdelDistrict Court, W.D. Virginia · 1941
- In re StraussCourt of Appeals for the Second Circuit · 1903
7 more not listed; retrieve them via the Exa API.