State Commission in Lunacy v. Eldridge
California Court of Appeal
APPEAL from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. Frank H. Smith, Judge. The facts are stated in the opinion of the court. U. S. Webb, Attorney General, and John W. Stetson, for Appellant. The court erred in excluding the commitment from evidence. It was valid and could not be collaterally assailed. The presumption is in favor of the jurisdiction. (Ex parte Clary, 149 Cal. 732, 87 Pac. 580 ; Koehler v. Holt Mfg.
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APPEAL from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. Frank H. Smith, Judge. The facts are stated in the opinion of the court. U. S. Webb, Attorney General, and John W. Stetson, for Appellant. The court erred in excluding the commitment from evidence. It was valid and could not be collaterally assailed. The presumption is in favor of the jurisdiction. (Ex parte Clary, 149 Cal. 732, 87 Pac. 580 ; Koehler v. Holt Mfg. Co., 146 Cal. 335, 338, 80 Pac. 73.) Section 2176 of the Political Code, making the father liable for the care of an adult son…
1Opinion of the CourtHart, J.
This action was commenced by the plaintiff on the thirteenth day of November, 1905, for the recovery of the sum of $2,370, alleged to be due from the defendant, by virtue of the provisions of section 2176 of the Political Code, for the care, support and maintenance of the latter’s adult son, who was, the complaint alleges, at the age of thirty-four years, duly committed, on the thirteenth day of September, 1892, to the State Insane Asylum at Stockton. The trial resulted in a judgment for the defendant, and this appeal is from the order denying plaintiff a new trial.
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2Cases cited12 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- Matter of LambertCalifornia Supreme Court · 1901
- Napa State Hospital v. FlahertyCalifornia Supreme Court · 1901
- Feeney v. HinckleyCalifornia Supreme Court · 1901
- City of Chicago v. O'BrienIllinois Supreme Court · 1884
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3Cited by13 opinions
- Department of Mental Hygiene v. McGilveryCalifornia Supreme Court · 1958
- In Re Idleman's CommitmentOregon Supreme Court · 1933
- In Re DudleyCalifornia Court of Appeal · 1966
- Matter of Application of O'ConnorCalifornia Court of Appeal · 1915
- Maricopa County v. DouglasArizona Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.