Mabry v. Hoye

Citations

• 124 Miss. 144
• 87 So. 4

Syllabus

<p>1. Insane Persons. Chancery has full juris diction under statute over persons of unsound, mind.</p> <p>By section 532, Code of 1906 (section 289, Hemingway’s Code), the chancery court is given full jurisdiction over cases of idiocy, lunacy, and persons of unsound mind.</p> <p>2. Insane Persons. Chancery has statutory jurisdiction of writs of lunacy.</p> <p>Sections 3219-3224, Code of 1906 (sections 5561-5566, Hemingway’s Code), confer upon the chancery courts jurisdiction of writs of lunacy, and make provision for ‘the lunacy proceedings and the commitment of an adjudged lunatic to an insane hospital and his confinement therein.</p> <p>3. Insane Persons. Superintendent of insane hospital entitled to custody of adjudged lunatic.</p> <p>The superintendent of an insane hospital is entitled to the custody of an adjudged lunatic or insane person committed by order of court to the hospital.</p> <p>4. Insane Persons. Sheriff held not entitled to custody of adjudged lunatic from insane hospital on capias under indictment.</p> <p>The sheriff of a county cannot recover the custody of an adjudged lunatic committed to an insane hospital, from the custody of the superintendent of the hospital upon a capias forr the_ arrest of the lunatic who has been indicted for murder after his commitment to the hospital.</p>