Kellogg v. Cochran

Citations

• 87 Cal. 192
• 12 L.R.A. 104
• 25 P. 677
• 1890 Cal. LEXIS 1116

Syllabus

<p>Insane Persons — Restoration to Capacity — Construction of Code.— The provisions of section 1766 of the Code of Civil Procedure authorizing the court to restore a person adjudged insane or incompetent is only applicable to those for whom guardians have been appointed under section 1764 of the same code, and does not apply to persons committed to insane asylums under the regulations of the PoKtical Code.</p> <p>Id.—Discharge from Insane Asylum — Jurisdiction of Court — Habeas Corpus. —No court in this state is authorized to discharge a person who has been committed to an insane asylum, or to restore him to capacity, under any circumstances, except upon writ of habeas corpus.</p> <p>Id. — Power of Officers of Asylum. —• The power to discharge an inmate of an insane asylum otherwise than upon habeas corpus is vested exclusively in the officers of the asylum, and includes the power to determine whether the patient has recovered, and the authority to discharge persons who have sufficiently recovered, and also persons who have been improperly committed.</p> <p>Id.—Effect of Discharge from Asylum — Restoration to Capacity— Right to Sue. — The effect of a discharge by the officers of an asylum of an insane inmate, if no guardian has been appointed under the act of «March 9, 1885, is, to restore the person discharged to legal capacity to sue.</p> <p>Id. —Malicious Prosecution — Commitment of Sane Person to Asylum. — An action for damages will lie for a malicious prosecution on a charge of insanity, resulting in an order of commitment to an insane asylum of a person who was not insane.</p> <p>Id. — Order of Commitment — Evidence — Probable Cause. — In such action, the order of commitment is not conclusive evidence against the plaintiff of his insanity at any time, or of probable cause for the prosecution.</p> <p>Rehearing-—■ Practice.—A rehearing in the supreme court will not be granted in order to consider points not made in the argument upon which the case was originally