California Courts of Appeal, 1911

In re McCandless

California Courts of Appeal · Decided October 5, 1911 · THE COURT. —

119 P. 199; 17 Cal. App. 222; 1911 Cal. App. LEXIS 97

Cases that cite this one

5 later published cases cite this decision.

State of Wyo. v. Haworth (Wyo. 1949)
In re Carpenter (Cal. Ct. App. 1937)
Branham v. State (Ariz. 1928)
People v. Smith (Cal. Ct. App. 1918)
People v. Forester (Cal. Ct. App. 1916)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Petitioner, as shown by the return, is in the custody of the sheriff by virtue of a commitment issued on account of petitioner's failure to make certain monthly payments by the superior court directed for the support and maintenance of his minor children. It nowhere appears in the record, nor in any order or judgment of the superior court in connection with the proceedings, that petitioner has the ability to pay the sum ordered. While it is the duty of a parent to support children of tender years, that he be imprisoned on account of the failure to obey an order of the court in connection therewith, it must affirmatively appear that he has the ability to comply with the order of the court. (In re Cowden, 139 Cal. 244, [37 P. 156]; Ex parte Cohen, 6 Cal. 319; Ex parte Rowe, 7 Cal. 175; Ex parte Silvia, 123 Cal. 293, [69 Am. St. Rep. 58, 55 P. 988].)

Petitioner discharged. *Page 223

Case-law data current through December 31, 2025. Source: CourtListener bulk data.