In re Simmons
Nevada Supreme Court
Original proceeding. Application of Earl Simmons and others for a writ of habeas corpus. The facts sufficiently appear in the opinion.
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Original proceeding. Application of Earl Simmons and others for a writ of habeas corpus. The facts sufficiently appear in the opinion. Bias or prejudice is not a disqualification of a justice of the peace such as to prevent him from attending to his official duties under the provisions of Rev. Laws, 4926 (Allen v. Riley, 15 Nev. 455). "Unable to attend” contemplates physical inability (66 Pac. 342). Bias is not a disqualification under Rev. Laws, 4865. If the point complained of be error, it cannot be raised on habeas corpus, as B. L. Hood was a de facto officer. (Rev. Laws, 4926, 7478; State…
1Opinion of the Court
By the Court,
Norcross, J.:
This is an original proceeding in habeas corpus. Prior to the hearing on the writ before this court, application for a writ was made to the chief justice anda writ issued returnable before Hon. T. F. Moran, district judge. Hearing was had upon that writ, and the discharge of the petitioners denied, whereupon the application was made to this court. The facts were stipulated and the presence of petitioners waived by respective counsel.
The following are the agreed facts upon which the petitioners rely for their discharge: “That on the 26th day of July, 1912, a complaint…
2Cases cited11 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- Walcott v. WellsNevada Supreme Court · 1890
- State ex rel. Harris v. BlossomNevada Supreme Court · 1886
- Desimone v. StateNevada Supreme Court · 2000
- Ex Parte FedderwitzCalifornia Supreme Court · 1900
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