In Re Shaw

California Court of Appeal Jun 16, 1927 No. Docket No. 1413.Published

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Holding. A court lacks jurisdiction to issue a writ of habeas corpus when another court has already acquired jurisdiction over the same matter in a pending and undetermined proceeding.

Issues

Whether a court may grant a writ of habeas corpus when a prior application for the same writ is still pending in another court.

Disposition. Denied

Quotations verified verbatim against the opinion

“a court is without jurisdiction where it attempts by habeas corpus to interfere with the exercise by another court of jurisdiction theretofore acquired in a habeas corpus proceeding, unless the prior jurisdiction has been terminated.”

THE COURT.

Petition for habeas corpus. It appears affirmatively from the petition that the applicant has heretofore applied to the superior court of the city and county of San Francisco for a writ of habeas corpus and that this proceeding is still pending and undetermined. [1] It is a general rule of wide application that a court is without jurisdiction where it attempts by habeas corpus to interfere with the exercise by another court of jurisdiction theretofore acquired in a habeas corpus proceeding, unless the prior jurisdiction has been terminated.

The application is denied. *Page 25

In Re Shaw

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THE COURT.

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