IN RE WILLIAMS

IN RE WILLIAMS
1957 OK 316
319 P.2d 586
Case Number: 37788
Decided: 12/17/1957
Supreme Court of Oklahoma

 
IN THE MATTER OF THE MENTAL HEALTH OF WARNER W. WILLIAMS, AN INCOMPETENT.

Syllabus by the Court

¶0 1. Where a person has been committed to a mental hospital by a county court in Oklahoma, and is out of said hospital on convalescent leave, he may bring an action in said county court under

Appeal from the District Court of Stephens County; Arthur J. Marmaduke, Judge.

From an order of the District Court affirming a judgment of the County Court, restoring Warner W. Williams, an incompetent, to competency, the guardian wife appeals. Affirmed.

George W. Moser, Comanche, for plaintiff in error.

James V. Whitley, Duncan, for defendant in error.

CORN, Vice Chief Justice.

¶1 This is an appeal from an order of the District Court of Stephens County, Oklahoma, which affirmed a decision of the County Court of said County restoring Warner W. Williams, an incompetent, to competency.

¶2 The facts are the County Court of Stephens County, did on the 2nd day of July, 1955, declare said Warner W. Williams to be an incompetent person, and he was confined to Central State Griffith Memorial Hospital at Norman, Oklahoma, a mental institution until January 16, 1956, at which time his wife, Ollie Williams, who was his guardian, and is the plaintiff in error herein, obtained a leave from said hospital and brought him to their home near Duncan, Oklahoma. He was not discharged at that time from said hospital, but only given convalescent leave for not more than one year, and was to return to said hospital on January 16, 1957, as shown by "Certificate of Patients Separation."

¶3 The plaintiff in error, in her brief, states:

"The legal issue is whether or not the County Court can restore a man to competency while he is a patient of a Mental Hospital."

¶4 And further states: