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DEPT. OF MENTAL HYGIENE v. McGILVERY

Docket No. L.A. 24830.

50 Cal.2d 742 (1958)

329 P.2d 689

DEPARTMENT OF MENTAL HYGIENE, Respondent, v. LAURENCE McGILVERY, as Executor, etc., Appellant.

Supreme Court of California. In Bank.

September 12, 1958.

Attorney(s) appearing for the Case

Carter, Young, Zetterberg & Henrie and Richard T. Young for Appellant.

Edmund G. Brown, Attorney General, and Ariel C. Hilton, Deputy Attorney General, for Respondent.

SHENK, J.

A rehearing was ordered to consider the contention of the defendant, first elaborated upon in the petition for rehearing, that the provisions of the Welfare and Institutions Code, sections 6650 et seq., held by the court in the former opinion to impose an absolute liability on a mother to pay for the care, support and maintenance of her mentally ill daughter in a state institution, is a deprivation of property without equal protection of law and without...

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