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Daly v. Elton

Daly v. Elton, 195 U.S. 242 (1904)
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Court
Supreme Court of the United States
Decided
November 14, 1904
Docket
No. 108
Judges
Day
Citations
195 U.S. 24225 S. Ct. 2249 L. Ed. 1771904 U.S. LEXIS 740
Syllabus
Decided on authority of Dobbins v. Los Angeles, ante, p. 223.
Summary
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Day

Mr. Justice Day delivered the opinion of the court.

This case is practically- determined by views expressed in Dobbins v. The City of Los Angeles, just decided. It wa^ a petition for a writ of habeas corpus to discharge Daly from custody, in a prosecution under the ordinance under consideration in the Dobbins case. The prayer of- the petition was denied and the writ discharged.

In re Daly, 139 California, *243 216. Under the California practice, in the absence of issue joined the allegations of the petition are taken as true and the facts alleged therein are taken as: admitted.

In re Smith, 77 Pac. Rep. 180. The petition made allegations attacking the ordinance which, if true, would render it invalid for the reasons stated in the Dobbins case, supra, and the petitioner upon the record made should have been discharged from custody.

It is therefore ordered that the judgment of the Supreme Court of California be reversed and the cause remanded for further proceedings ■ not inconsistent with the views announced in ' the Dobbins case, supra.

How later courts describe this case

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

1914: 11916: 11921: 11928: 11931: 11950: 21955: 119142026peak 1950 · 2

Relies on it most ⓘ

  1. Carlson v. Landon186 F.2d 183 (9th Cir. 1950)
  2. Duncan v. United States48 F.2d 128 (9th Cir. 1931)
  3. Mangaoang v. Boyd186 F.2d 191 (9th Cir. 1950)
  4. In re Singer285 P.2d 955 (Cal. Ct. App. 1955)
  5. State v. Letellier90 So. 218 (La. 1921) · Dissent
  6. Dibrell v. City of Coleman172 S.W. 550 (Tex. App. 1914)

Most recent

  1. In re Singer285 P.2d 955 (Cal. Ct. App. 1955)
  2. Mangaoang v. Boyd186 F.2d 191 (9th Cir. 1950)
  3. Carlson v. Landon186 F.2d 183 (9th Cir. 1950)
  4. Duncan v. United States48 F.2d 128 (9th Cir. 1931)
  5. Palmetto Golf Club v. Robinson, Sheriff141 S.E. 610 (S.C. 1928)
  6. State v. Letellier90 So. 218 (La. 1921) · Dissent

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 1

DepthCaseCited by
In re Smith, 77 P. 180 (Cal. 1904) 73

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