Aldrich

This is an original petition here, upon notice, for a writ of mandamus commanding the respondent to hear and determine a certain application made by petitioner in the said superior court. The respondent appeared and filed a demurrer to the petition, and also an answer, and the matter was heretofore argued and submitted.

The material facts are these: The petitioner, Aldrich, was on May 24, 1888, regularly adjudged by the superior court of Alameda County to be insane and dangerous to be at large, and to be confined in the Napa Insane Asylum; and he was thereupon, at said time, delivered to and taken charge of by the authorities of said asylum. No order or judgment for his discharge, as restored to sanity, has ever been made or entered by the superintendent of said asylum or by the lunacy commission, nor has any application been made to either of them for such discharge, nor has there been any judgment for his dis charge made by any court, upon habeas corpus or otherwise. In March, 1897, he filed a petition in the superior court of Alameda County for an adjudication that he was of sound mind, etc., and that he be restored to legal capacity; but, after hearing, that court rendered…