Legal Opinion

Ex parte Kearny

California Supreme Court

Decided July 1, 1880No. 10,515PublishedCited by 59 opinions

Application of Denis Kearny for writ of habeas corpus. The facts are stated in the opinion.

1Opinion of the Court

McKinstry, J.:

The Police Court of the City and County of San Francisco is an “ inferior court ” of limited jurisdiction, whose powers are conferred, and whose duties and mode of procedure are prescribed, by statute, and to which the rule applies that the evidence of its proceedings must affirmatively show jurisdiction of the person'of the defendant, and over the subject-matter. The remark to the contrary in Ex parte Murray, 45 Cal. 455, is dictum. The only question there was, whether the judgment should have shown on its face the particular offense of which the petitioner had been found…

2Cases cited8 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. Kempe's Lessee v. KennedySupreme Court of the United States · 1809
  3. Pryor v. DowneyCalifornia Supreme Court · 1875
  4. Drake v. DuvenickCalifornia Supreme Court · 1873
  5. Jolley v. FoltzCalifornia Supreme Court · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. In Re McVickersCalifornia Supreme Court · 1946
  2. Rescue Army v. Municipal CourtCalifornia Supreme Court · 1946
  3. Ex parte MaierCalifornia Supreme Court · 1894
  4. Estate of SharonCalifornia Supreme Court · 1918
  5. Ex parte Ah MenCalifornia Supreme Court · 1888

54 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API