explaining that services provided to incompetent by attorneys and medical experts, in good faith, in course of habeas corpus proceedings instituted to secure release of incompetent from state hospital may, in exercise of sound discretion by auditing judge, be considered necessaries properly chargeable in reasonable amount to incompetent’s estate, regardless of whether incompetent is released from state hospital
How later courts described this case
- explaining that services provided to incompetent by attorneys and medical experts, in good faith, in course of habeas corpus proceedings instituted to secure release of incompetent from state hospital may, in exercise of sound discretion by auditing judge, be considered necessaries properly chargeable in reasonable amount to incompetent’s estate, regardless of whether incompetent is released from state hospital
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Keller, P. J.:
While the weak-minded person was entitled to his writ of habeas corpus and a hearing thereon, it does not follow that his estate, which is in custodia legis, is responsible for the payment of the attorneys and doctors who may have acted on his behalf. If it were so, this
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particular weak-minded ward could quickly dissipate Ms estate. The court was familiar with his unbalanced actions and was justified in refusing to allow his estate to be thus depleted. I would affirm the order.
Judge Baldrige joins in this dissent.