Legal Opinion

State ex rel. Kelly v. Kilbourne

Supreme Court of Minnesota

Decided May 24, 1897No. Nos. 10,394—(16)PublishedCited by 6 opinions

Habeas corpus on the relation of Patrick Kelly against Arthur F. Kilbourne, superintendent of the Rochester State Hospital, into whose custody relator had been committed by proceedings had in the probate court for Ramsey county, Olivier, J. Relator was discharged by an order of the district court for Olmsted county, Gould, J., and defendant appeals.

1Opinion of the CourtCanty, J.

The relator was confined in the hospital for the insane at Rochestei in this state. A writ of habeas corpus was issued out of the court below to inquire into the cause of his detention, and on the return of the respondent, the superintendent of the hospital, the relator was by the order of the court discharged from custody. The respondent below appeals from the order. The relator was on January 31, 1893, committed to the insane hospital by the probate court of Ramsey county. The proceedings in that court are set out in the petition, and there is no dispute as to what they are. Relator assails…

2Cases cited4 opinions

  1. State ex rel. Blaisdell v. BillingsSupreme Court of Minnesota · 1893
  2. Davis v. HudsonSupreme Court of Minnesota · 1881
  3. McNamara v. CasserlySupreme Court of Minnesota · 1895
  4. Field & Adams v. LucasSupreme Court of Georgia · 1857

3Cited by6 opinions

  1. State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
  2. State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
  3. Ex parte ScudamoreSupreme Court of Florida · 1908
  4. State Ex Rel. Anderson v. United States Veterans HospitalSupreme Court of Minnesota · 1964
  5. State Ex Rel. Degen v. FreemanSupreme Court of Minnesota · 1926

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