PROCESS--IMMUNITY FROM SERVICE--PERSON ENTERING A STATE TO FILE AN ACTION

Authors

Patrick J. Ledwidge, University of Michigan Law SchoolFollow

Abstract

Petitioner, a resident of Missouri, entered California to gain custody of his child from its maternal grandmother. After eight days of fruitless negotiation he commenced habeas corpus proceedings. While attempting to serve the writ of habeas corpus, petitioner was served with a summons in an action brought by the grandmother for support of the child. When the trial court denied petitioner's motion to quash the service of summons on him, he sought a writ of prohibition from the district court of appeals to prevent further prosecution of the second action. Held, petition denied; petitioner's eight day delay justified inference that his controlling purpose in entering the state was not to file an action. Franklin v. Superior Court, (Cal. App. 1950) 220 P. (2d) 8.

Recommended Citation

Patrick J. Ledwidge, PROCESS--IMMUNITY FROM SERVICE--PERSON ENTERING A STATE TO FILE AN ACTION, 49 Mich. L. Rev. 907 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss6/41