From Casetext: Smarter Legal Research

Ex parte Thomas

Supreme Court of California
Aug 4, 1894
103 Cal. 497 (Cal. 1894)

Summary

In Quint v. Hoffman, 103 Cal. 506, 37 P. 514, the action was commenced by the plaintiff to enjoin the defendant, as collector of Central irrigation district, from selling any lands of the plaintiff, and of others similarly situated, for assessments levied in the year 1892.

Summary of this case from Herring v. Modesto Irr. Dist.

Opinion

         Hearing in the Supreme Court upon writ of habeas corpus.

         COUNSEL:

         George W. Monteith, for Petitioner.

          District Attorney William S. Barnes, for Respondent.


         JUDGES: In Bank.

         OPINION

         THE COURT

         The return to the writ of habeas corpus issued herein shows that the petitioner was convicted in the police court of the city and county of San Francisco of the crime of adultery, and thereupon sentenced to be imprisoned in the county jail for one year, and that he is now held in custody under commitment based upon said judgment.

         The judgment is void. Adultery is not made a crime by any statute of California. It is the living together in open and notorious cohabitation and adultery that is made criminal by the statute (Stats. 1871-72, p. 380), and it has been rightly held that mere adultery without the notorious cohabitation does not constitute the offense. (People v. Gates , 46 Cal. 52.)

         The judgment being void the imprisonment is necessarily unlawful, and the prisoner must be discharged. It is so ordered.


Summaries of

Ex parte Thomas

Supreme Court of California
Aug 4, 1894
103 Cal. 497 (Cal. 1894)

In Quint v. Hoffman, 103 Cal. 506, 37 P. 514, the action was commenced by the plaintiff to enjoin the defendant, as collector of Central irrigation district, from selling any lands of the plaintiff, and of others similarly situated, for assessments levied in the year 1892.

Summary of this case from Herring v. Modesto Irr. Dist.
Case details for

Ex parte Thomas

Case Details

Full title:Ex parte WALTER G. THOMAS, on Habeas Corpus

Court:Supreme Court of California

Date published: Aug 4, 1894

Citations

103 Cal. 497 (Cal. 1894)
37 P. 514

Citing Cases

Taylor v. Cole

Such a cause of action may only be maintained at the instance of the people of the state. ( Quint v. Hoffman,…

Reclamation District No. 765 v. Anna McPhee

As to all the world except the paramount authority under which it acts and from which it receives its…