State ex rel. Esser v. District Court of the Fifth Judicial District of the State of Nevada ex rel. County of Nye
Nevada Supreme Court
Original proceeding in prohibition by the State of Nevada, on the relation of John Esser, against the District Court of the Fifth Judicial District of the State of Nevada, in and for Nye County, and- Mark R. Averill, Judge of said court. A Avrit of prohibition is the proper remedy. An appeal in a criminal case is not a plain, speedy or adequate remedy.
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Original proceeding in prohibition by the State of Nevada, on the relation of John Esser, against the District Court of the Fifth Judicial District of the State of Nevada, in and for Nye County, and- Mark R. Averill, Judge of said court. A Avrit of prohibition is the proper remedy. An appeal in a criminal case is not a plain, speedy or adequate remedy. Evans v. Willis, 22 Okl. 313; State v. Gay, 118 Pac. 830; Pearian v. Spiers, 10 Pac. 609; Terrell v. Superior Court, 60 Pac. 38; Arfsten v. Superior Court, 128 Pac. 949; Levy v. Wilson, 10 Pac. 272; Ex Parte Smith, 33 Nev. 466; In Re Waterman,…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This is an original proceeding in prohibition. The petitioner, John Esser, was informed against by the district court of Nye County, the information reading as follows:
“That John Esser, on or about the 12th day of March, 1917, * * * did then and there commit the following felony, to wit: That then and there the said John Esser did feloniously steal, take, and carry away nine head of cattle, then and there not the property of the said' John Esser, but then and there the property of L. P. Kimball and E. S. Van Dyke, against the peace and dignity of the State of…
2Cases cited16 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- People v. LittlefieldCalifornia Supreme Court · 1855
- Walton v. StateCourt of Criminal Appeals of Texas · 1900
- State v. CrowSupreme Court of Missouri · 1891
- Decatur Bank v. St. Louis BankSupreme Court of the United States · 1875
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3Cited by4 opinions
- Overton v. StateNevada Supreme Court · 1962
- People v. HoustonCalifornia Court of Appeal · 1948
- State v. LincolnSupreme Court of Missouri · 1972
- Perkins v. StateSupreme Court of Arkansas · 1931