In Re Carpenter

California Court of Appeal

In Re Carpenter

70 P.2d 227, 21 Cal. App. 2d 658, 1937 Cal. App. LEXIS 333

CourtCalifornia Court of Appeal

DecidedJuly 8, 1937

DocketCrim. 1970

StatusPublished

Cited by2 cases

This text of 70 P.2d 227 (In Re Carpenter) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Carpenter, 70 P.2d 227, 21 Cal. App. 2d 658, 1937 Cal. App. LEXIS 333 (Cal. Ct. App. 1937).

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Opinion

THE COURT.

—A petition for a writ of habeas corpus was filed on behalf of Pearl K. Carpenter (who will be hereinafter referred to as the petitioner.) She was committed for contempt by the Superior Court of the City and County of San Francisco for failing to obey an order directing her to receive into her home and care for her minor children.

The admitted facts are that petitioner was formerly the wife of John Kennedy, and the children are the issue of that marriage. She obtained a divorce from Kennedy and subsequently married Carpenter. She had the custody of the children until her second marriage, whereupon they were taken by Kennedy, who later delivered them to the officers *659 of the juvenile court of the above city and county, in whose custody they now remain as wards of the court. Petitioner lives in a house provided by her present husband, where he refuses to permit the children to reside, and it is not contended that she has the means of caring for them elsewhere.

Carpenter is not bound to support the children (Civ. Code, see. 209), and petitioner, not having the ability to do so without his assistance, cannot be imprisoned for her failure to obey an order that she furnish such support. (In re McCandless, 17 Cal. App. 222 [119 Pac. 199].)

The petitioner is discharged.

A petition by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 26, 1937.

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THE COURT.

—A petition for a writ of habeas corpus was filed on behalf of Pearl K. Carpenter (who will be hereinafter referred to as the petitioner.) She was committed for contempt by the Superior Court of the City and County of San Francisco for failing to obey an order directing her to receive into her home and care for her minor children.

The admitted facts are that petitioner was formerly the wife of John Kennedy, and the children are the issue of that marriage. She obtained a divorce from Kennedy and subsequently married Carpenter. She had the custody of the children until her second marriage, whereupon they were taken by Kennedy, who later delivered them to the officers *659 of the juvenile court of the above city and county, in whose custody they now remain as wards of the court. Petitioner lives in a house provided by her present husband, where he refuses to permit the children to reside, and it is not contended that she has the means of caring for them elsewhere.

Carpenter is not bound to support the children (Civ. Code, see. 209), and petitioner, not having the ability to do so without his assistance, cannot be imprisoned for her failure to obey an order that she furnish such support. (In re McCandless, 17 Cal. App. 222 [119 Pac. 199].)

The petitioner is discharged.

A petition by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on August 26, 1937.

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70 P.2d 227, 21 Cal. App. 2d 658, 1937 Cal. App. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carpenter-calctapp-1937.

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