Henn
Henn v. Children's Agency
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…