CARRARA v. SUPERIOR COURT IN AND FOR CITY AND COUNTY OF SAN FRANCISCO (1952)

District Court of Appeal, First District, Division 2, California.

CARRARA v. SUPERIOR COURT IN AND FOR CITY AND COUNTY OF SAN FRANCISCO.

Civ. 15565.

Decided: October 24, 1952

Benjamin F. Marlowe, Oakland, for petitioner. Bert W. Hirschberg, Jr., San Francisco, for respondent.

This proceeding presents the question whether the Superior Court in and for the City and County of San Francisco has jurisdiction in habeas corpus over the person of a minor actually prevent and residing in Alameda County. Under Art. VI, sec. 5 of our Constitution Superior Courts only have jurisdiction to issue ‘habeas corpus on petition by or on behalf of any person in actual custody, in their respective counties.’ (Emphasis ours.) Bartlett v. Superior Court, 108 Cal.App. 755, 292 P. 545; Zeigler v. Superior Court, 134 Cal.App. 88, 24 P.2d 899; People v. Dunlop, 102 Cal.App.2d 314, 227 P.2d 281; People v. Ponce, 103 Cal.App.2d 271, 229 P.2d 77.

The premptory writ of prohibition is ordered to issue as prayed.

DOOLING, Justice.

GOODELL, Acting P. J., and JONES, J. pro tem., concur.

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