Ex parte Yonetaro Fkumoto
California Supreme Court
WRIT of habeas corpus from the Supreme Court to the sheriff of the City and County of San Francisco to test the validity of an arrest ordered in a civil action by the Superior Court of said City and County. J. M. Seawell, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Application for discharge on habeas corpus. The warrant under which petitioner is held in restraint was issued in supposed accord with the provisions of the Code of Civil Procedure authorizing the arrest of the defendant in a civil action. Those provisions permit such arrest “whenever it appears to the judge by the affidavit of the plaintiff, or some other person, that a sufficient cause of action exists, and that the ease is one of those mentioned in section 479.” (Code Civ. Proc., secs. 478, 481.) In this case the order of arrest was made by a judge of the superior court of the city and…
2Cases cited6 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- J. A. Burrichter & Co. v. ClineWashington Supreme Court · 1891
- Thompson v. BestNew York Supreme Court · 1889
- McGilvery v. MoreheadCalifornia Supreme Court · 1852
- Markey v. DiamondNew York Court of Common Pleas · 1892
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3Cited by17 opinions
- Star Motor Imports, Inc. v. Superior CourtCalifornia Court of Appeal · 1979
- Neves v. CostaCalifornia Court of Appeal · 1907
- Nelson v. KelloggCalifornia Supreme Court · 1912
- Murray v. Superior CourtCalifornia Supreme Court · 1955
- In Re HarrisCalifornia Supreme Court · 1968
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