Aldrich v. Superior Court

Citations

• 120 Cal. 140
• 52 P. 148
• 1898 Cal. LEXIS 724

Syllabus

<p>Insane Persons—Restoration to Sanity—Care of Property—Petition for Judicial Investigation—Construction of Code—Guardianship—Trust —Mandamus.—Section 1766 of the Code of Civil Procedure, authorizing the superior court to restore a person adjudged insane or incompetent, does not provide for a civil action, and is only applicable to persons adjudged insane or incompetent for whom guardians have been appointed under section 1764 of the same code, and does not apply to the restoration of persons committed to insane asylums for whom no guardians have been appointed; and mandamus does not lie to compel the superior court to entertain a petition under that section to have it judicially determined that a person regularly examined and committed to the state insane asylum, as a person dangerously insane, is of sound mind and capable of taking care of himself and his property and for restoration to capacity, where the petition does not disclose any guardianship, but only that the father of the petitioner had devised property in trust to be turned over to him upon his restoration to mental soundness and capacity.</p>