State Ex Rel. Huffaker v. Crosby
Nevada Supreme Court
Original proceeding. Application by the State, on the relation of F. M. Huffalcer, for a writ of mandamus to compel Colonel J. J. Crosby and others, constituting a court-martial, to allow relator to appear as attorney for N. I. Morgan, charged with violating the articles of war. The facts sufficiently appear in the opinion. I. Upon the allegations of the petition, mandamus is the proper remedy, under section 3469, General Statutes.
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Original proceeding. Application by the State, on the relation of F. M. Huffalcer, for a writ of mandamus to compel Colonel J. J. Crosby and others, constituting a court-martial, to allow relator to appear as attorney for N. I. Morgan, charged with violating the articles of war. The facts sufficiently appear in the opinion. I. Upon the allegations of the petition, mandamus is the proper remedy, under section 3469, General Statutes. Under this section a court-martial is included. It is also a court within the meaning of the state constitution. II. Section 8 of article I declares: “No person…
1Opinion of the Court
By the Court,
Massey, J.:
The petition recites that the relator is a regularly admitted and practicing attorney of this state; that on the 10th day of July, 1897, one N. I. Morgan, Second Lieutenant of Battery A, Nevada National Guard, was charged with violating the articles of war; that on the 13th day of July, 1897, the defendants were detailed, by order, to constitute a general court-martial for the trial of such persons as might be brought before it; that on the 24th day of July, 1897, the said court-martial was organized, pursuant to said order, at Virginia City, Nevada, and selected…
2Cases cited4 opinions
- State ex rel. Curtis v. McCulloughNevada Supreme Court · 1867
- State ex rel. Treadway v. WrightNevada Supreme Court · 1868
- State Ex Rel. Ryan v. CronanNevada Supreme Court · 1897
- State ex rel. Hetzel v. Board of CommissionersNevada Supreme Court · 1873
3Cited by5 opinions
- Maheu v. Eighth Judicial District Court Ex Rel. County of Clark, Dept. No. 6Nevada Supreme Court · 1972
- State v. RollingsNevada Supreme Court · 1937
- Hawkins v. Eighth Judicial District CourtNevada Supreme Court · 1950
- In Re PalacioCalifornia Court of Appeal · 1965
- Maheu v. Eighth Judicial District Court Ex Rel. County of Clark, Dept. No. 6Nevada Supreme Court · 1972