Clark v. Carey
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. The facts are stated in the opinion. The justice of the peace had no jurisdiction to issue the warrant of arrest, and bind the defendant over to the district court. The proceedings before the justice were void. The complainant was not a resident of Douglas county.
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Error from the district court of Douglas county. Tried below before Davis, J. The facts are stated in the opinion. The justice of the peace had no jurisdiction to issue the warrant of arrest, and bind the defendant over to the district court. The proceedings before the justice were void. The complainant was not a resident of Douglas county. (Constitution of Nebraska, sec. 18, art. 6; Criminal Code, sec. 260; Code of Civil Procedure, secs. 904,1103; Compiled Statutes, ch. 37, ch. 67, sec. 15; Ingram v. State, 24 Neb., 37; Cottrell v. State, 9 Neb., 125; Forbes v. Forbes, Kay [Eng.], 341; White…
1Opinion of the CourtPost, J.
This was a bastardy proceeding in the district court for Douglas county, in which the plaintiff in error was adjudged guilty, and which judgment he has brought into this court for review by petition in error.
The first error alleged is the overruling of his motion to dismiss for want of jurisdiction. The complainant, a minor seventeen years of age, resided in Thurston county with her parents at the time the child in question was begotten. About three weeks previous to the filing of the complaint she left her home without the knowledge or consent of her parents, and went to the city of Omaha,…
2Cases cited8 opinions
- State v. JagerWisconsin Supreme Court · 1865
- State v. MushiedWisconsin Supreme Court · 1860
- Baker v. StateWisconsin Supreme Court · 1885
- State v. ZeitlerSupreme Court of Minnesota · 1886
- Ingram v. State ex rel. McIntoshNebraska Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Enderlin v. Pontiac TownshipNorth Dakota Supreme Court · 1932
- Storz v. FinklesteinNebraska Supreme Court · 1896
- Reynolds v. SmithSupreme Court of Florida · 1905
- Gentry v. BearssNebraska Supreme Court · 1908
- Gatzemeyer v. PetersonNebraska Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.