Painter v. Painter

CourtCourt of Appeal of Missouri (US)
Citation228 S.W. 538,206 Mo. App. 312
Docket NumberNo. 2822.,2822.
PartiesPAINTER v. PAINTER.
Decision Date01 January 1921
228 S.W. 538
206 Mo. App. 312
PAINTER
v.
PAINTER.
No. 2822.
Springfield Court of Appeals. Missouri.
January 1, 1921.
Rehearing Denied March 5, 1921.

Appeal from Circuit Court, Dade County; B. G. Thurman, Judge.

Action in the Circuit Court by Joseph M. Painter against Virginia Painter to annul a judgment rendered in the county court in proceedings instituted on the affidavit of defendant to inquire as to the sanity of the plaintiff. From a judgment sustaining a demurrer to the petition plaintiff appeals. Affirmed.

McCammon & McCammon, of Springfield, for appellant.

W. B. Skinner, of Springfield, and Mrs. Katherine Halterman, of Mt. Vernon, for respondent.

FARRINGTON, J.


The plaintiff brings this cause to this court on the action of the trial court in sustaining a general demurrer to his petition, which petition reads as follows:

"Comes now the plaintiff, Joseph M. Painter, and for his amended cause of action represents and shows to the court that on the ___ day of January, 1917, the defendant filed an affidavit in the county court of said Lawrence county, Mo., alleging that the plaintiff herein was insane, and thereupon the county court of said Lawrence county, at a special session of said court, called at the time therefor, Issued its process and writ directed to the sheriff of said county under and by virtue of which the said sheriff arrested and took this plaintiff into custody and brought him into said court.

"That the said county court further on said day caused a jury of six men to be impaneled and witnesses to be examined to inquire into the sanity of this plaintiff.

"That plaintiff was at said time, and had been for a long time, ill, and when the sheriff came for him was confined to his home and to his bed.

"That neither on the trial in said court nor before that time did the physicians who testified make any physical examination of this plaintiff, nor did any physicians afterward make any physical examination of plaintiff, nor subject him to the tests commonly used, and which are recognized generally by the medical profession as determining the mental condition of one, although plaintiff expected and offered the opportunity for such examination. That plaintiff was not given the opportunity to obtain witnesses he desired to be heard in his behalf.

"That by the verdict of said jury of six men, so called in said court, plaintiff was found to be insane, and the said county court rendered judgment in accordance with said purported verdict, and by its order and judgment committed and sent plaintiff to the asylum for the insane at Nevada, Mo., where he was confined for many months. That a physician's certificate was taken by the sheriff and sent by the county court with its order and judgment to the officers of said asylum, which certificate stated that plaintiff was affected by insanity due to the use of drugs. That in deed and truth this plaintiff was not at said times addicted to the use of drugs, either opium, morphine, or similar drugs, nor did he use them.

"Plaintiff further states that at the time of the institution of said proceedings and at all times since, he was and has been sane and in the full and complete use and enjoyment of all his mental faculties.

"That at the time of the institution of said proceedings and the prosecution and course of the said trial and the return of the said verdict and the rendition of the said judgment therein, and all the proceedings thereunder, the said county court had no power nor authority nor jurisdiction to entertain, take cognizance, or hear, or take any action, issue any process, or make any orders whatever in or about said proceedings to determine the sanity or insanity of this plaintiff, and all of the acts, proceedings, writs, process, orders, in or about or touching the said matter, and the verdict returned and the judgment rendered, were and are null and void.

"Plaintiff further states that he is a physician and surgeon, and for many years prior to the said proceedings had been practicing his profession, and had enjoyed a good reputation as a physician and surgeon, and a remunerative

228 S.W. 539

practice therein, and the plaintiff has no other of support than the practice of his profession, and that since his discharge defendant and her relatives, for the purpose of injuring plaintiff and preventing him from pursuing his said profession, have spread reports that the plaintiff had been adjudged insane, and is therefore not a proper person to be employed as a physician and surgeon.

"Plaintiff further states that the existence of said judgment and the said acts have cast such a shadow and cloud upon plaintiff, as to a large measure destroy his usefulness in the practice of his profession, and deprive him of the means of making a living. That plaintiff is without any adequate remedy...

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