Walters v. McKinnis

Citations

• 221 F. 746
• 24 Pa. D. 320
• 1915 U.S. Dist. LEXIS 1621

Syllabus

<p>1. Habeas Corpus ©=>1—Right to Writ as op Course.</p> <p>The writ of habeas corpus does not issue as of course, but is of right when reasonable cause is shown..</p> <p>[Ed. Note.—Eor other cases, see Habeas Corpus, Cent. Dig. §§ 1, 3; Dec. Dig. ©=>1.'J</p> <p>2. Constitutional Law <@=>255—Commitment to Insane Asylum—Due Process op Law.</p> <p>Where, under Act Pa. June 26, 1895 (P. L. 388), providing that upon commitment of a justice of the peace or other committing magistrate of any person on a criminal charge less than a felony, who upon examination by any two physicians shall be certified by them to be insane, it shall be the duty of the county commissioners, with the approval of the court of quarter sessions or a judge thereof, to remove such indigent insane person to the proper hospital for the insane, there to be maintained at the expense of the county until the proper legal settlement of such indigent insane person can be ascertained, a person arrested for assault and battery was committed to an iqsane asylum on the certificate of two physicians, without notice, a hearing, or an opportunity to defend, and without notice of any kind to any friend or relative, she was denied due process of law, in violation of Const. U. S. Amend. 14.</p> <p>[Ed. Note.—Eor other cases, see Constitutional Law, Cent. Dig. §§ 736-738, 740-745; Dec. Dig. ©=>255.]</p> <p>3. Habeas Corpus ©=>45—United States Courts—Detention in Violation op Federal Constitution.</p> <p>* Where a person committed to an insane asylum under Act Pa. June 26, 1895 (P. L. 388), with the approval of the court of quarter sessions, without notice or an opportunity to be heard, in violation of Const. U. S. Amend. 14, sued out a writ of habeas corpus in the court of common pleas, which .court expressly declined to pass upon the legality of the commitment or the regularity of the proceedings, on the ground that the court, of quarter sessions hah the exclusivo right to pass upon the legality of such proceedings,