In re Smith
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. The material facts are stated in the opinion herein, filed September 9, 1893. In this case the court will not only inquire into the general jurisdiction of the condemning court as to person and subject-matter, but will determine whether that court has jurisdiction to render the particular judgment which it did render; in other words, whether there was a matter before the court upon which it could lawfully render judgment of contempt.
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Original Proceeding in Habeas Corpus. The material facts are stated in the opinion herein, filed September 9, 1893. In this case the court will not only inquire into the general jurisdiction of the condemning court as to person and subject-matter, but will determine whether that court has jurisdiction to render the particular judgment which it did render; in other words, whether there was a matter before the court upon which it could lawfully render judgment of contempt. In re Dill, 32 Kas. 668; In re Petty, 22 id. 477; People v. Lisaomb, 60 N. Y. 559; Ex parte Lange, 18 Wall. 163. It is…
1Opinion of the Court
*16The opinion of the court was delivered by
HortoN, C. J.:
On the 24th day of January, 1893, Genorie E. Smith, the wife of the petitioner in this case, filed In r petition in the district court of Pratt county, praying for a divorce from him, for the custody of their three minor children, for alimony, and that her husband be enjoined from selling or disposing of his-property. At the commencement of the action,-the district judge allowed Mrs. Smith $20 a month for the support of herself and children during the pen-dency of the action, and $50 for legal expenses. The custody of the children, Lewis…
2Cases cited2 opinions
- In re DillSupreme Court of Kansas · 1884
- In re FarrSupreme Court of Kansas · 1889
3Cited by10 opinions
- Ex Parte RatliffTexas Supreme Court · 1928
- In re JewettSupreme Court of Kansas · 1904
- In re BolmanSupreme Court of Kansas · 1930
- State v. AndersSupreme Court of Kansas · 1902
- Johnson v. JohnsonCourt of Appeals of Kansas · 1986
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