Legal Opinion

Ex Parte Howitz

California Court of Appeal

Decided January 27, 1906No. Crim. No. 38PublishedCited by 5 opinions

APPLICATION for writ of habeas corpus to the sheriff of the City and County of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtHall, J.

Petitioner is in custody under an order of arrest issued in a civil action. The suit is pending in the superior court of the city and county of San Francisco, this state, but it appears from the affidavit upon which the order was made that the cause of action arose at Shanghai, China, and the fraudulent acts set up as warranting the arrest were committed there, and neither of the litigants are citizens or residents of the state of California. For these reasons it is contended that petitioner is not liable to arrest in a civil suit brought in this state.

This contention cannot be sustained. The…

2Cases cited14 opinions

  1. Ward v. ClayCalifornia Supreme Court · 1890
  2. Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
  3. Mullally v. TownsendCalifornia Supreme Court · 1897
  4. Pierce v. WhitingCalifornia Supreme Court · 1883
  5. O'Neil v. MagnerCalifornia Supreme Court · 1889

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Murray v. Superior CourtCalifornia Supreme Court · 1955
  2. Newport v. City of Los AngelesCalifornia Court of Appeal · 1960
  3. Schultz v. Union Pacific RailroadCalifornia Court of Appeal · 1953
  4. Peterson v. NesbittCalifornia Court of Appeal · 1909
  5. National City Finance Co. v. Lewis, Civ. 6702 (1931)California Court of Appeal · 1931

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