In Re Bryant

Before we consider any of the various arguments presented by counsel for the petitioner, Rufus C. Bryant, we must first decide one question of law. For if this question is decided adversely to Bryant, his petition must be dismissed. That question is this: When a person has been committed to a state insane asylum under the provisions of Section 13 of Act 303 of 1944, and is later discharged from the institution on the ground that he is not insane, may he, by alleging and proving that the judgment of commitment was rendered without a hearing, obtain the annulment of that judgment?

On December…