Clendenning v. McCall

Where a Probate Court made a valid appointment of a guardian of the person and estate of an incompetent person, may a Court of Common Pleas grant such ward a writ of habeas corpus upon finding that such ward is no longer an incompetent person?

The trial court in its opinion acknowledged the exclusive jurisdiction of the Probate Court over the guardian but in its journal entry found and ordered “that Maude Clendenning is no longer an incompetent person by reason of mental disability and that she is now mentally competent to take care of her person and her property and that the cause for a…