Legal Opinion

State ex rel. O'Neale v. McClinton

Nevada Supreme Court

Decided October 15, 1869PublishedCited by 3 opinions

This was an original proceeding in the Supreme Court in the nature of quo warranto to inquire into the right of the defendant to hold the office of District'Judge of the Eighth Judicial District. It appeared that on May 27th, 1869, Judge Chase was taken before Judge Wright of the Second Judicial District, declared to be insane, and in accordance with the statute ordered to be conveyed to the Insane Asylum at Stockton, in California.

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This was an original proceeding in the Supreme Court in the nature of quo warranto to inquire into the right of the defendant to hold the office of District'Judge of the Eighth Judicial District. It appeared that on May 27th, 1869, Judge Chase was taken before Judge Wright of the Second Judicial District, declared to be insane, and in accordance with the statute ordered to be conveyed to the Insane Asylum at Stockton, in California. The testimony of the physicians on the inquest showed that he was monomaniacal and belligerent; subject to sudden paroxysms of passion, and disposed to quarrel…

1Opinion of the Court

By the Court,

Whitman, J.:

This proceeding is in the nature of quo warranto, informing that *333defendant has entered into and usurped the office of District Judge of the Eighth Judicial District of the State of Nevada, and praying his exclusion therefrom.

It appears from the pleadings and evidence that S. H. Chase was duly elected to fill said office for a term ending with the first. Monday of- January, 1870. That on the twenty-seventh of May, 1869, said Chase was under certain statutory proceedings declared insane, and sent to the Insane Asylum at Stockton, California, as by such statute provided;…

2Cases cited1 opinion

  1. People ex rel. Ballou v. DuboisIllinois Supreme Court · 1860

3Cited by3 opinions

  1. State ex rel. Copeland v. WoodburyNevada Supreme Court · 1883
  2. State Ex Inf. McKittrick v. WilsonSupreme Court of Missouri · 1942
  3. Moore v. MooreCalifornia Supreme Court · 1885

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