Rowland v. Rogers

On hearing in circuit court in a proceeding instituted by petition for writ of habeas corpus, appellee was released from State Hospital. The hospital superintendent, to whom the' writ was directed, has appealed.

In the order releasing- appellee the trial court found that “. . . the county and probate judge did not have jurisdiction of said cause.”

The attorney general treats the judgment as a finding that the county court was without jurisdiction to commit insane persons to State Hospital. It is urged that act 132 of 1939 confers such authority upon county judges, and that the act is not in…