In re Cica
New Mexico Supreme Court
Habeas Corpus. Courts will not take judicial notice of the ordinances of cities; they should be pleaded and proven as special laws. 28 Cyc. 393, 394, 395, note 41; Garlanad, et ah, v. City of Denver, 19 Pac. 460; Williams v. Augusta, 4 Ga. 509; Davenport v. Bird, 34 Iowa, 524; Cooper v. People, 41 Mich. 403; C. L. 1897, sec. 2407. Justice courts under the laws of this state are courts of limited jurisdiction and their records must show affirmatively their power to act. 24…
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Habeas Corpus. Courts will not take judicial notice of the ordinances of cities; they should be pleaded and proven as special laws. 28 Cyc. 393, 394, 395, note 41; Garlanad, et ah, v. City of Denver, 19 Pac. 460; Williams v. Augusta, 4 Ga. 509; Davenport v. Bird, 34 Iowa, 524; Cooper v. People, 41 Mich. 403; C. L. 1897, sec. 2407. Justice courts under the laws of this state are courts of limited jurisdiction and their records must show affirmatively their power to act. 24 Cyc. 497; C. L. 1897, see. 2408. Eecord does not disclose the arraignment of the petitioners. Arraignment and plea will…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.- —
The petitioners contend that the judgment rendered by the Justice of the Peace, upon which the commitment is based, was void for the following reasons:— First, because there was no arraignment of the defendants; second, because the judgment sentencing each of the defendants to sixty days in the county jail and to pay a fine of twenty-five dollars and costs was excessive, and beyond the power of the court to impose.
1 In considering the first ground of objection to the judgment it is necessary to admit the well-settled principle that: the writ of habeas corpus…
2Cases cited15 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Ex Parte ParksSupreme Court of the United States · 1876
- United States v. PridgeonSupreme Court of the United States · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re CarlsonWisconsin Supreme Court · 1922
- Sneed v. CoxNew Mexico Supreme Court · 1964
- State ex rel. Petcoff v. ReedSupreme Court of Minnesota · 1917
- State v. BarosNew Mexico Supreme Court · 1968
- A. R. Newman v. Felix Rodriguez, Acting Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1967
9 more not listed; retrieve them via the Exa API.