DALY
v.
ELTON
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Daly sought habeas corpus relief from custody while facing prosecution under a municipal ordinance, and the Supreme Court reversed the California Supreme Court's denial of the writ, holding that under California procedure, allegations in the habeas petition attacking the ordinance's validity were admitted as true and, if valid under principles established in the related Dobbins case, entitled Daly to discharge from custody.
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Mr. Justice Day delivered the opinion of the court.
This case is practically-determined by views expressed in Dobbins v. The City of Los Angeles, just decided. It wa^ a petition for a writ of habeas corpus to discharge Daly from custody, in a prosecution under the ordinance under consideration in the Dobbins case. The prayer of-the petition was denied and the writ discharged. In re Daly, 139 California, 216. Under the California practice, in the absence of issue joined the allegations of the petition are taken as true and the facts alleged therein are taken as: admitted. In re Smith, 77 Pac. Rep. 180. The petition made allegations attacking the ordinance which, if true, would render it invalid for the reasons stated in the Dobbins case, supra, and the petitioner upon the record made should have been discharged from custody.
It is therefore ordered that the judgment of the Supreme Court of California be reversed and the cause remanded for further proceedings not inconsistent with the views announced in ' the Dobbins case, supra.
Cases With Similar Vibessemantic neighbors from the corpus
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Carlson v. Landon, 186 F.2d 183 (9th Cir. 1950)…” There is no denial of petitioner’s allegations as to residence, family status, his attendance upon hearings under the 1947 warrant, and these allegations must be' taken as true. See In re Smith, 1904, 143 Cal. 368, 77 P. 180; Daly v. Elton, 1904, 195 U.S. 242, 25 S.Ct. 22, 49 L.Ed. 177; Whitten v. Tomlinson, 1895, 160 U.S. 231, in which at page 242, 16 S.Ct. 297, at page 302, 40 L.Ed. 406, it is said: “In a petition for a writ of habeas corpus, verified by the oath of the petitioner, * * * facts duly all…
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Mangaoang v. Boyd, 186 F.2d 191 (9th Cir. 1950)…ll hereinafter make detailed mention of such evidence. We deem it advisable at this juncture to mention the rule that the undenied allegations of the pleadings are to be taken as true. In re Smith, 1904, 143 Cal. 368, 77 P. 180; Daly v. Elton, 1904, 195 U.S. 242, 25 S.Ct. 22, 49 L.Ed. 177; Whitten v. Tomlinson, 1895, 160 U.S. 231, 16 S.Ct. 297, 40 L.Ed. 406. See § 124, pages 235, 236, Vol. 25, American Jurisprudence. We said in the Carlson case and we adopt it in these proceedings: “It is well settled tha…
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Duncan v. United States, 48 F.2d 128 (9th Cir. 1931)…dment to the Constitution of the United States such powers are reserved to the State from the United States. In support of this proposition appellant cites Linder v. U. S., 268 U. S. 5, 45 S. Ct. 446, 69 L. Ed. 819, 39 A. L. R. 229; Daly v. Elton, 195 U. S. 242, 25 S. Ct. 22, 49 L. Ed. 177; U. S. v. De Witt, 9 Wall. 41, 19 L. Ed. 593; U. S. v. Reese, 92 U. S. 214, 23 L. Ed. 563; Barbier v. Connolly, 113 U. S. 27, 5 S. Ct. 357, 28 L. Ed. 923; Des Moines v. Oil Co., 193 Iowa, 1096, 184 N. W. 823, 188 N. W. 9…