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DEPARTMENT OF MENTAL HYGIENE v. HAWLEY

Docket No. S.F. 21219.

59 Cal.2d 247 (1963)

379 P.2d 22

28 Cal. Rptr. 718

DEPARTMENT OF MENTAL HYGIENE, Plaintiff and Respondent, v. WILLIAM A. HAWLEY, Defendant and Appellant.

Supreme Court of California. In Bank.

February 28, 1963.

Attorney(s) appearing for the Case

Emory L. Morris, Kenneth C. Gillis and Webster Street for Defendant and Appellant.

Stanley Mosk, Attorney General, Harold B. Haas, Assistant Attorney General, Lawrence E. Doxsee and Elizabeth Palmer, Deputy Attorneys General, for Plaintiff and Respondent.

SCHAUER, J.

Defendant appeals from a summary judgment for the sum of $8060.55 entered against him in an action by the Department of Mental Hygiene of the State of California to recover the alleged cost of care, support and maintenance of his son John Powell Hawley in a state institution for the insane for the period of January 1956 through October 1960. For reasons which will appear, we have concluded that such costs may not lawfully be charged against defendant,...

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