Eureka County Bank Habeas Corpus Cases
Nevada Supreme Court
Original proceeding for a writ of habeas corpus. The facts sufficiently appear in the opinion. Petitioners contend that when the jurisdiction of a court is made to depend upon the existence of certain facts, those facts are conditions precedent, and the existence or nonexistence of such facts is always open to inquiry, and that upon a habeas corpus all matters pertaining to jurisdiction are proper subjects of inquiry, to be heard and determined from the evidence; and that…
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Original proceeding for a writ of habeas corpus. The facts sufficiently appear in the opinion. Petitioners contend that when the jurisdiction of a court is made to depend upon the existence of certain facts, those facts are conditions precedent, and the existence or nonexistence of such facts is always open to inquiry, and that upon a habeas corpus all matters pertaining to jurisdiction are proper subjects of inquiry, to be heard and determined from the evidence; and that any fact touching the jurisdiction may be given in evidence. (12 Ency. PL & Pr. 120; Paul v. Armstrong, 1 Nev. 82.) In the…
1Opinion
On Petition for Rehearing
2Per curiam
Respondents have petitioned for a rehearing. The effect of granting a rehearing would be to suspend the former order discharging the petitioners. (3 Cyc. 219.) This would subject petitioners to rearrest upon the very charges upon which they have been discharged in violation of section 29 of the habeas corpus act. (Rev. Laws, 6254.) Under statutes like ours, the Supreme Court of California has held that there is no practice in that state allowing petitions for rehearing in cases of habeas corpus. (Ex Parte Robinson, 71 Cal. 608.) Except where there is statutory…
3Cases cited6 opinions
- State v. . MillerSupreme Court of North Carolina · 1887
- Ex parte RobinsonCalifornia Supreme Court · 1887
- In re ClasbyUtah Supreme Court · 1882
- People v. SchusterCalifornia Supreme Court · 1871
- Grady v. Superior CourtCalifornia Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.