Ex parte Perkins
California Supreme Court
Application to the Supreme Court for a writ of habeas corpus. R. G-. Perkins, the relator, brought suit in the Third District against Elizabeth Perkins, bis wife, for a divorce, on the ground of willful desertion.
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Application to the Supreme Court for a writ of habeas corpus. R. G-. Perkins, the relator, brought suit in the Third District against Elizabeth Perkins, bis wife, for a divorce, on the ground of willful desertion. She answered, denying such desertion, and averring extreme cruelty on the part of plaintiff toward her and their minor children, which compelled her to leave his home with said children and live with an elder son, who has supported her; and also willful neglect to provide for her and the children the common necessaries of life, for three years, having the ability to provide the…
1Opinion of the Court · BaldwinBaldwin, J.
Cope, J. concurring.
The main question in this case has relation to the power of the District Court to order the applicant, plaintiff in a certain suit for a divorce below; to pay a sum of money for expenses incurred by the defendant below, the wife, in an action for divorce.
It is unnecessary to consider the facts in regard to the propriety of this charge; for, as the Court is one of general jurisdiction, it is not admissible for the defendant in a proceeding of this sort to question the mere regularity of its proceedings. We do not sit as an appellate Court upon matters of this sort, but as a…
Also in this document: Opinion of the Court · Cope.
2Cases cited3 opinions
- Lyon v. LyonSupreme Court of Connecticut · 1851
- Ex parte BeattyNew York Supreme Court · 1834
- In re HoldforthCalifornia Supreme Court · 1851
3Cited by38 opinions
- Ex parte SpencerCalifornia Supreme Court · 1890
- Miller v. Superior CourtCalifornia Supreme Court · 1937
- Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
- Ex parte HollisCalifornia Supreme Court · 1881
- Golden Gate Consolidated Hydraulic Mining Co. v. Superior CourtCalifornia Supreme Court · 1884
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