Zellmer v. Catlin

Proceedings for a writ of habeas corpus under section 229.37, Code, 1958, seeking the release of plaintiff from State Hospital for the mentally ill at Clarinda, Iowa. After trial to the court the writ was annulled and plaintiff appeals.

The case involves two questions: (1) Procedure and (2) factual, which two propositions embrace the twenty-three errors assigned.

I. Error is assigned for denying plaintiff’s motion for a default.

The record shows the application for a writ was filed June 19, 1961, and on same date writ was issued returnable on June 28, 1961. Written notice was likewise given the…