Hall

Hall v. Superior Court

Good Law
21 Cal. App. 231·131 P. 321
Court of Appeal of CaliforniaFebruary 18, 1913Civ. No. 1306.California673 words

Opinion

Lead Opinion

James, J.

This proceeding in certiorari is prosecuted for the purpose of securing a review of the proceedings had in the superior court'of Orange County wherein- petitioner was adjudged to be an insane person and ordered committed to the state hospital at Patton. The proceedings complained of were had on the thirtieth day of January, 1912. Petitioner, on the thirteenth day of July, 1912, was discharged from the state hospital by the superintendent thereof, for the reason that in the opinion of that official his condition was such that he would not while at large be injurious to himself or others. The particular ground upon which it is sought to have annulled the order of commitment is that the affidavit or complaint upon which the warrant of arrest was issued was insufficient to give the court jurisdiction to proceed and examine petitioner on the charge made. It is argued that there was no statement of facts contained in the complaint descriptive of the acts and conduct of the alleged insane person, as is required by section 2168 of the Political Code. The complaint in its material parts was as follows: “F. W. Heard, being duly sworn, deposes and says; that there is now in said county in…

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