Henn

Henn v. Children's Agency

Good Law
123 C.C.A. 216·204 F. 766·1913 U.S. App. LEXIS 1345
United States Court of Appeals for the Ninth CircuitMay 5, 1913No, 2,188California829 words

Opinion

lead Opinion

Gilbert, J.

The appeal in this case is from an order of the District Court, sustaining a demurrer to a petition for a writ of habeas corpus and denying the writ. The amended petition alleges in substance that Mabel Henn, a child of 10 years of age, a resident of the state of Montana, was, on or about the 27th day of May, 1910, while temporarily within the state of California, seized under a process of the superior court of that state for the city and county of San Francisco, sitting as a juvenile court, and was charged with being a dependent child under subdivision 13, § 1, p. 213, St. Cal. 1909, as amended in 1911 (St. Cal. 1911, pp. 63, 658); that the petitioner is the mother of said child, and a resident of Montana; that no process was served upon petitioner, and that said minor child was not charged with the commission of any crime; that she was charged with being within the county and being dependent, on account of her father’s death and having no proper home; that thereupon she was committed to the appellee until she shall *767 have reached the age of 21 years; and the petitioner alleges5that the conviction and the commitment are void, and that the act aforesaid confers jurisdiction on…

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