In re Fanton
Nebraska Supreme Court
Originar application for writ of habeas corpus. The opinion contains a statement of the case. The legislative enactment under which petitioner was convicted and sentenced is void. The trial court was therefore without jurisdiction, and habeas corpus is the proper remedy to obtain petitioner’s liberty, (fíne parte, Rosenblatt, 14 Pac.
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Originar application for writ of habeas corpus. The opinion contains a statement of the case. The legislative enactment under which petitioner was convicted and sentenced is void. The trial court was therefore without jurisdiction, and habeas corpus is the proper remedy to obtain petitioner’s liberty, (fíne parte, Rosenblatt, 14 Pac. Rep. [Nev.] 298; Ex park, Siehold, 100 U. S. 377; 1 Black, Judgments sec. 257; Tan Horn, v. State, 46 Neb. 62; Marlmry v. Madison, 1 Oranck [U. S.] 137; In re Har-lik, 45 Neb. 747; Ex parte Fisher, 6 Neb. 309; In re Betts, 36 Neb. 283; Stale v. Grinldcvw, 40 Neb.…
1Opinion of the CourtNorval, J.
An information was filed in the district court of Holt county, charging “that one John Fanton, late of the county aforesaid, on the 20'th day of December, 1895, in the county of Holt and state of Nebraska aforesaid, the said John Fanton then and there being, did unlawfully and feloniously steal, take, and drive away eighteen (18) head of mixed cattle, described as follows: * * * All of said cattle being of the value of $300, and the personal property of one Timothy* Cross; contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of…
2Cases cited25 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
- Ex parte MooneyWest Virginia Supreme Court · 1885
- In Re GrahamSupreme Court of the United States · 1891
- In re GrahamWisconsin Supreme Court · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jackson v. OlsonNebraska Supreme Court · 1946
- Landreth v. GladdenOregon Supreme Court · 1958
- Hickman v. FentonNebraska Supreme Court · 1930
- Michaelson v. BeemerNebraska Supreme Court · 1904
- Ex parte ErwinCourt of Criminal Appeals of Texas · 1943
33 more not listed; retrieve them via the Exa API.