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In re McCandless

In the Matter of the Application of William Joseph McCandless, for a Writ of Habeas Corpus.

In re McCandless, 119 P. 199 (Cal. Ct. App. 1911)
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Court
California Court of Appeal · State Appellate Courts
Decided
October 5, 1911
Docket
No. Crim. No. 222.
Judges
THE COURT. —
Citations
119 P. 19917 Cal. App. 2221911 Cal. App. LEXIS 97

Opinion of the Court

Petitioner, as shown by the return, is in the custody of the sheriff by virtue of a commitment issued on account of petitioner's failure to make certain monthly payments by the superior court directed for the support and maintenance of his minor children. It nowhere appears in the record, nor in any order or judgment of the superior court in connection with the proceedings, that petitioner has the ability to pay the sum ordered. While it is the duty of a parent to support children of tender years, that he be imprisoned on account of the failure to obey an order of the court in connection therewith, it must affirmatively appear that he has the ability to comply with the order of the court. ( In re Cowden, 139 Cal. 244 , [ 37 P. 156 ]; Ex parte Cohen, 6 Cal. 319 ; Ex parte Rowe, 7 Cal. 175 ; Ex parte Silvia, 123 Cal. 293 , [ 69 Am. St. Rep. 58 , 55 P. 988 ].)

Petitioner discharged. *Page 223

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11918: 11928: 11937: 11949: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. State of Wyo. v. Haworth208 P.2d 279 (Wyo. 1949)
  2. Branham v. State263 P. 1 (Ariz. 1928)
  3. People v. Forester155 P. 1022 (Cal. Ct. App. 1916)
  4. People v. Smith175 P. 696 (Cal. Ct. App. 1918)
  5. In re Carpenter70 P.2d 227 (Cal. Ct. App. 1937)

Most recent

  1. State of Wyo. v. Haworth208 P.2d 279 (Wyo. 1949)
  2. In re Carpenter70 P.2d 227 (Cal. Ct. App. 1937)
  3. Branham v. State263 P. 1 (Ariz. 1928)
  4. People v. Smith175 P. 696 (Cal. Ct. App. 1918)
  5. People v. Forester155 P. 1022 (Cal. Ct. App. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Ex parte Silvia, 55 P. 988 (Cal. 1899) 20
Ex Parte Rowe, 7 Cal. 175 (1857) 22
In re Cowden, 73 P. 156 (Cal. 1903) 14
Hackett v. State, 37 P. 156 (Cal. 1894) 6

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