In Re Owen

California Court of Appeal Apr 11, 1927 No. Docket No. 973.Published

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Holding. The court lacks jurisdiction to issue a writ of habeas corpus when a prior application for the same relief is currently pending and undetermined in another court.

Issues

Whether the court has jurisdiction to issue a writ of habeas corpus when a similar application is pending in another court.

Disposition. Writ denied.

Quotations verified verbatim against the opinion

“This court, therefore, is without jurisdiction to issue the writ.”

THE COURT.

[1] This is an application for a writ of habeas corpus to determine the right to the custody of the minor children named in the petition. The applicant made a similar application for a writ of habeas corpus in the superior court of Sacramento County and said application is now pending in that court and undetermined. This court, therefore, is without jurisdiction to issue the writ. (29 C.J. 116.)

Writ denied. *Page 281

In Re Owen

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THE COURT.

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