MERRITT v. BOOKER

77-661.

362 So.2d 878 (1978)

James R. MERRITT, Father of Andy S. Merritt v. Edwin L. BOOKER, Sheriff of Conecuh County, Alabama, et al.

Supreme Court of Alabama.

September 22, 1978.


Attorney(s) appearing for the Case

James D. Wilson, III, Prichard, for appellant.


EMBRY, Justice.

This appeal is by James R. Merritt from a judgment of the circuit court denying his petition for habeas corpus which sought the release of his son, Andy S. Merritt from custody of the Alabama Department of Mental Health.

The issue is whether the trial court erred in denying relief when the Department had never been made a party to the action by amendment although the return of respondent Edwin L. Booker, Sheriff of Conecuh County, showed he...

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