Ellern v. Superior Court

(dissenting) — The majority announces a rule which is contrary to every decision on the subject under consideration. The pertinent portions of the petition to vacate and set aside the judgment in the original case read:

“That on February 15, 1944, he was arrested by reason of a complaint made against him by his wife, Bernice Ellem, charging him with being an insane person and dangerous to be at large, and, by virtue of this court’s process, was con fined in jail until March 20,1944, when the proceedings were had in this case as shown by an exemplification of the record hereto attached and…