Legal Opinion

Ex parte SMITH

Nevada Supreme Court

Decided October 15, 1910No. 1913PublishedCited by 22 opinions

Original proceeding. Application by Oscar J. Smith for a writ of habeas corpus for release from commitment under an indictment. The facts sufficiently appear in the opinion. The intention of the legislature controls the courts. (.Maynard v. Newman, 1 Nev. 271; Maynard v. Johnson, 2 Nev. 25; Brown v. Davis, 1 Nev. 409.) Effect shall be given to all the language of the statute of March 13, 1909. (Stats. 1908-09, 95; 26 Am. & Eng. Ency.

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Original proceeding. Application by Oscar J. Smith for a writ of habeas corpus for release from commitment under an indictment. The facts sufficiently appear in the opinion. The intention of the legislature controls the courts. (.Maynard v. Newman, 1 Nev. 271; Maynard v. Johnson, 2 Nev. 25; Brown v. Davis, 1 Nev. 409.) Effect shall be given to all the language of the statute of March 13, 1909. (Stats. 1908-09, 95; 26 Am. & Eng. Ency. Law, 616, and cases cited; Leet v. John Dare S. M. Co., 6.Nev. 218, 222.) Penal statutes must be construed liberally in favor of an individual. (State v.…

1Per curiam

The petition for a writ of habeas corpus alleges an unlawful detention and confinement of petitioner under *471a bench warrant based upon an indictment charging him with assenting to the reception of a deposit of money by an incorporated bank. It is claimed that the alleged felony is not a public offense under the laws of the State of Nevada; that the act under which the indictment was found is in contravention of section 14 of article 1 of the state constitution, which provides that there shall be no imprisonment for debt, except in cases of fraud, libel, and slander; that it is not lyithin the…

2Cases cited33 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
  3. In re RichardsCourt of Appeals for the Seventh Circuit · 1899
  4. Blaufus v. . PeopleNew York Court of Appeals · 1877
  5. Inre Yick WoCalifornia Supreme Court · 1885

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3Cited by22 opinions

  1. Pellegrini v. StateNevada Supreme Court · 2001
  2. Paramount Insurance, Inc. v. Rayson & SmitleyNevada Supreme Court · 1970
  3. Eureka County Bank Habeas Corpus CasesNevada Supreme Court · 1912
  4. Gottwals v. RencherNevada Supreme Court · 1939
  5. In Re Walters' EstateNevada Supreme Court · 1940

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

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