State ex rel. Martin v. Superior Court

Citations

• 101 Wash. 81

Syllabus

<p>Mandamus — To Courts—Erroneous Dismissal for Want of Jurisdiction—Remedy by Appeal. Mandamus lies to compel a superior court to proceed with a case which it erroneously dismissed on the mistaken belief that it had no jurisdiction; since the judgment rests upon a disclaimer of the judicial function, and is not a judicial act which ought to be reviewed on appeal (Mount and Parker, JJ., dissenting).</p> <p>Insane Persons — Inquisitions •— Discharge — Jurisdiction of Courts. The superior court having general jurisdiction over insane persons, has inherent jurisdiction irrespective of statute to discharge or commit an insane person, and such power is not affected by the repeal of Rem. Code, § 1671, authorizing the discharge of an insane person upon recovering his reason:</p> <p>Same—Discharge—Proceedings. Where an insane person is out on parole given by a judge of the superior court that committed him to the hospital, the courts have jurisdiction to discharge him without the necessity of first applying to the superintendent of the hospital and there claiming his exemption from restraint.</p>