In re Brune

California Court of Appeal Apr 8, 1931 No. Crim. No. 1629Published

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Holding. The court denied the petition for habeas corpus because the petitioner failed to first apply for discharge in the court below.

Issues

Whether a petitioner may seek habeas corpus relief for inability to comply with a support order without first applying for discharge in the lower court.

Disposition. Denied

Quotations verified verbatim against the opinion

“The petition is denied on the ground that no application for discharge has been first made "in the court below.”

THE COURT. Habeas corpus. Petitioner claims he is unlawfully imprisoned for failure to comply with an order requiring him to pay certain sums for the support and maintenance of his wife. He alleges that since the making of the order a disability to comply therewith has arisen. The petition is denied on the ground that no application for discharge has been first made "in the court below. (Code Civ. Proc., sec. 1143; In re Wilson, 75 Cal. 580 [17 Pac. 698].)

In re Brune

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