Garrison v. People
Nebraska Supreme Court
Error from the district court of Fillmore county. Tried below before Weaver, J. Tbe opinion states tbe case. -I. It was error on tbe part of tbe district court to overrule tbe plea in abatement. 1. Tbe court can amend an irregularity, but cannot amend to confer jurisdiction. Uallett v. Bighters, 13 Howard Pr., 43, 46. 2. All records of judgments should «bow jurisdiction of tbe person on tbeir face. Nothing can be intended in their favor on the question of jurisdiction.
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Error from the district court of Fillmore county. Tried below before Weaver, J. Tbe opinion states tbe case. -I. It was error on tbe part of tbe district court to overrule tbe plea in abatement. 1. Tbe court can amend an irregularity, but cannot amend to confer jurisdiction. Uallett v. Bighters, 13 Howard Pr., 43, 46. 2. All records of judgments should «bow jurisdiction of tbe person on tbeir face. Nothing can be intended in their favor on the question of jurisdiction. Thaoleer v. Powell, 6 Wheaton, 127. Smith v. Fowle, 12 Wend., 11. Borden v. Fiteh, 15 Johnson, 141. Bigelow v. Stearns, 19…
1Opinion of the CourtMaxwell, J.
At the June term, 1875, of the district court for Filmore county, an indictment for rape was found against the plaintiff. The indictment contained three counts: First, Charging that the plaintiff did carnally know and abuse one Charlotte A. Simmons, a female child under the age of ten years, with her consent. Second, That William H. Garrison on the first day of May, 1874, in and upon one Charlotte A. Simmons, did unlawfully, etc., ravish and carnally know her, she being a female child other than the daughter or sister of him, etc. Third, That William H. Garrison on the first day of April,…
2Cases cited5 opinions
- People v. GarbuttMichigan Supreme Court · 1868
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Turner v. ThrowerSupreme Court of Alabama · 1837
- William v. BeckOhio Supreme Court · 1843
- Swift v. HoldridgeOhio Supreme Court · 1840
3Cited by31 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- Olive v. StateNebraska Supreme Court · 1881
- Frank v. StateNebraska Supreme Court · 1949
- Mathews v. StateNebraska Supreme Court · 1886
- Oleson v. StateNebraska Supreme Court · 1881
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