In re Wadleigh

*683The opinion of the court was delivered by

Dawson, J.:

This is an appeal by the state from an order of the district court dismissing the state’s appeal to that court from a judgment of the probate court discharging one Harve Wadleigh from the custody of the authorities in charge of the state asylum for the dangerous insane at Lansing.

The state contends that the probate court had no jurisdiction to hear and determine the petitioner’s cause; and it contends, also, that an appeal may be taken to the district court from the judgment of the probate court. Counsel for the appellee disputes both of…