Ex parte Hedden
Nevada Supreme Court
APPLICATION for writ of habeas corpus by J. F. Hedden. Tbe facts sufficiently appear in the opinion. I. Contempt proceedings cannot be used for the purpose of adjudicating title or right of possession to property. (Fairell’s Crim.
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APPLICATION for writ of habeas corpus by J. F. Hedden. Tbe facts sufficiently appear in the opinion. I. Contempt proceedings cannot be used for the purpose of adjudicating title or right of possession to property. (Fairell’s Crim. Law and Proc. 133; Ex parte Mollis, 59 Cal. 405; Beering v. Richardson-Kimball Co., 109 Cal. 83; Ex parte Clark, 110 Cal. 407; Sayers v. Superior Court, 84 Cal. 645; Tomshy v. Superior Court, 131 Cal. 623; Ex parte Casey, 71 Cal. 269.) At common law an adverse party could not be compelled to testify or to produce any evidence in his possession (Wigmore, sec. 2218,…
1Opinion of the Court
By the Court,
Sweeney, J.:
A writ of habeas corpus was issued and made returnable before this court upon a petition filed and presented by George S. Green in behalf of J. F. Hedden, alleging that said Hedden was unlawfully imprisoned and restrained of his liberty at Hawthorne, Esmeralda County, Nevada, by the sheriff of said county and state. There appears from the petition and return of the sheriff to said writ the following facts and proceedings: On February 26, 1907, the district attorney of Esmeralda County, Nevada', issued a subpena duces tecum directed to the said J.' F. Hedden and one A.…
2Cases cited29 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Brown v. WalkerSupreme Court of the United States · 1896
- New Orleans v. Steamship Co.Supreme Court of the United States · 1874
- Ex parte HardySupreme Court of Alabama · 1880
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3Cited by9 opinions
- Charles Cushman Co. v. MackesySupreme Judicial Court of Maine · 1938
- In Re YohoWest Virginia Supreme Court · 1983
- Ex parte TaniNevada Supreme Court · 1907
- State Ex Rel. Stagg v. District CourtMontana Supreme Court · 1926
- Gottwals v. ManskeNevada Supreme Court · 1940
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