210 N.W. 14 | Minn. | 1926
1. The facts are not in dispute. The statute, G.S. 1923, § 8956, provides:
"When any person residing in this state shall be supposed to be defective any relative, guardian or reputable citizen of the county in which such supposed defective person resides or is found may file a verified petition in the probate court of the county," etc.
The proceedings in the probate court show that the petitioner was not a relative of Degen. They do not show that he was his guardian or that he was a citizen of Carver county. The record is silent. The statute does not require that any of these facts be stated in the petition. Over objection evidence was introduced in the district court, and is now before us, showing that the petitioner was not his guardian nor a resident of Carver county. There is no opposing evidence.
The probate court by the nature of its organization has jurisdiction over insane persons, and jurisdiction to render such a judgment as was entered. State v. Wilcox,
A person cannot be discharged on habeas corpus if "committed or detained by virtue of the final judgment of any competent tribunal of civil or criminal jurisdiction." G.S. 1923, § 9739. In such cases the writ reaches only jurisdictional defects, is not a writ of review, and does not take the place of an appeal or reviewing writ. Dun. Dig. § 4129, and cases cited. A court without jurisdiction is not a competent tribunal. The probate courts of this state within the *376
sphere of action committed to them are superior courts to whose judgments the usual presumptions attach. If want of jurisdiction does not appear affirmatively their judgments cannot be attacked collaterally. Davis v. Hudson,
"We will say in answer to this that the probate court is a court of record, and of general jurisdiction over certain subjects, among which is the subject of guardianship of insane persons. The record of such a court in such a guardianship matter does not impeach itself by its own silence. The failure to show jurisdiction is not sufficient. The want of jurisdiction must affirmatively appear."
If the record had shown want of jurisdiction the relator would have been discharged. State v. Billings,
The respondent cites State v. Kinmore,
The case of In re Snell,
We appreciate that there is some confusion as to the extent of the inquiry which may be made in habeas corpus. Some of it comes from the use of the term jurisdiction in a loose and uncertain sense. We recognize that the writ is a constitutional one, a writ of liberty and of right, subject to proper statutory regulation, but not to be restricted in its application so as to impair its effectiveness. The Kilbourne case is controlling and is well supported by our own and other decisions.
2. We advert to the question whether the petitioner must be a relative, guardian or resident of the county — whether such fact is jurisdictional. A petition is necessary to confer jurisdiction on the probate court. Hanson v. Nygaard,
The writ is quashed and Degen is remanded to the custody of the respondent superintendent of the hospital.
Writ quashed.