Iwerks v. People, 17382

Decision Date03 August 1954
Docket NumberNo. 17382,17382
Citation130 Colo. 86,273 P.2d 133
CourtColorado Supreme Court

George K. Thomas, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank A. Wachob, Deputy Atty. Gen., for defendant in error.

KNAUSS, Justice.

Plaintiff in error, herein referred to as Iwerks, seeks by writ of error to reverse a judgment of the county court of Adams County which denied Iwerks' petition for his release and discharge from an adjudication declaring Iwerks to be insane and incapable unassisted to properly manage and take care of his property.

It appears that Iwerks was, and for some thirty years had been, a resident of Adams County, Colorado. On the 19th day of February, 1953 he was in the county jail at Brighton, Colorado, charged with disturbance. He had for many years suffered from a glandular trouble and while incarcerated in the county jail he was, at the request of his son, visited by a physcian. The doctor advised Iwerks that he could not relieve or treat his condition while in jail, and suggested that the prisoner go to the Colorado General Hospital in Denver for treatment.

It is undisputed in the record that on February 19, 1953 the Sheriff of Adams County (without process of any kind) removed Iwerks from the County jail in Brighton and took him for treatment to what Iwerks understood was to be the Colorado General Hospital. Whether Iwerks was ever actually placed in the Colorado General Hospital is not clear from the record before us. There is evidence that Iwerks was placed in the Colorado Psychopathic Hospital 'to save the necessity and expense of guarding him in the Colorado General Hospital.'

On February 20, 1953 Hazel Iwerks, his wife, filed a complaint in lunacy against her husband in the County Court of Adams County, and on the same day said court issued its order for commitement of Iwerks to the Colorado Psychopathic Hospital and two Adams County physicians were appointed as a Commission to examine and make report as to his mental condition.

On the same day, and while Iwerks was in the Psychopathic Hospital in Denver, the County Court issued its order to take Iwerks into custody; notice of hearing of the complaint in lunacy and incident papers and the same were delivered to the Sheriff of Adams County, Colorado, who in due course made return that he served the same in the City and County of Denver. Obviously the jurisdiction of the Sheriff ceased at the Adams county line, and he was without authority to serve the papers as such Sheriff beyond the confines of Adams County. His action, if any, under the order to take Iwerks into custody, was merely a token arrest, for the patient was already in the Psychopathic Hospital. Counsel for Iwerks claim that the several notices and documents incident to the commitment were not served on him, and from the record we are led to believe that at least a part of them were left with the Superintendent of the Psychopathic Hospital.

At the hearing on his petition, Iwerks testified that no papers in connection with his stay in the Psychopathic Hospital or his hearing in the lunacy matter were served upon him. The Sheriff's return on the several documents issued by the Adams County Court would lead one to believe that they were served by him on February 27, 1953, the date of the hearing before the Commission appointed to inquire into the mental condition of Iwerks. Just what papers the deputy Sheriff claimed he served on Iwerks at the Psychopathic Hospital is a matter of grave doubt. The deputy Sheriff testified as follows:

'Q. I am talking about Jack (Iwerks) what did you do with Jack? A. I merely served the papers on him.

'Q. What papers did you serve? A. As I stated before, I...

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6 cases
  • People in Interest of Clinton, 87SC200
    • United States
    • Colorado Supreme Court
    • October 17, 1988
    ...court lacked the required jurisdiction over the respondent in order to issue the challenged certification orders. See Iwerks v. People, 130 Colo. 86, 273 P.2d 133 (1954) (failure to serve process properly prevents court from acquiring jurisdiction in lunacy proceeding); Rickey v. People, 12......
  • Gilford v. People, No. 99SC79.
    • United States
    • Colorado Supreme Court
    • May 30, 2000
    ...have jurisdiction over him, then it had no power to act on the petition for long-term certification. See, e.g., Iwerks v. People, 130 Colo. 86, 89, 273 P.2d 133, 134-35 (1954) (citing Arguing in the alternative, Gilford maintains that, even if the failure to comply with section 27-10-109(2)......
  • Smith v. Smith
    • United States
    • Arizona Court of Appeals
    • September 20, 1977
    ...99 Ariz. 372, 409 P.2d 292 (1965); Schering Corp. v. Superior Court, 52 Cal.App.3d 737, 125 Cal.Rptr. 337 (1975); Iwerks v. People, 130 Colo. 86, 273 P.2d 133 (1954); Ponder v. Aamco Automatic Transmission, Inc.,536 S.W.2d 888 (Mo.App.1976). Knowledge by defendant as to pending lawsuit will......
  • Marriage of Nichols, In re, 75--597
    • United States
    • Colorado Court of Appeals
    • July 1, 1976
    ...as here, the specific authority of the court derives from the statute, the court may only exercise the powers granted. Iwerks v. People, 130 Colo. 86, 273 P.2d 133; Rickey v. People, 129 Colo. 174, 267 P.2d 1021. The court here fully exercised its power to apportion when it ordered each par......
  • Request a trial to view additional results
3 books & journal articles
    • United States
    • Colorado Bar Association Elder Law in Colorado (CBA) Chapter 17 Mental Health Issues: An Overview For Elder Law Attorneys
    • Invalid date
    ...present in the county immediately prior to being taken into custody or is a resident of the county where the court sits. Iwerks v. People, 273 P.2d 133 (Colo. 1954). The definition of a mental health disorder is likely the second most compelling reason that the court is able to uphold invol......
  • Pre-trial Technical Defenses to Mental Health Certification
    • United States
    • Colorado Bar Association Colorado Lawyer No. 07-1988, July 1988
    • Invalid date
    ...is involved. 15. People in the Interest of Schmidt, 720 P.2d 629, 631 (Colo.App. 1986) and CRS § 27-10-111(4.5). 16. Iwerks v. People, 130 Colo. 86, 273 P.2d 133, 135 (1954); Rickey v. People, 129 Colo. 174, 267 P.2d 1021, 1024 (1954); Barber, supra, note 8; Kendall v. People, 126 Colo. 573......
  • The Clinton Mental Health Case-a Civil Procedure Lesson
    • United States
    • Colorado Bar Association Colorado Lawyer No. 19-9, September 1990
    • Invalid date
    ...Lawyer 1327 (July 1988). 8. Clinton, supra, note 1 at 1385. 9. Lynch, supra, note 2 at 851. 10. Clinton, supra, note 1 at 1384. 11. 273 P.2d 133 (Colo. 1954). 12. 252 P.2d 91 (Colo. 1952). 13. 267 P.2d 1021 (Colo. 1954). 14. Clinton, supra, note 1 at 1385. 15. Id. at 1387. 16. See, C.R.C.P ......

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