In re Hinkle
Idaho Supreme Court
Original application to this court for a writ of habeas corpus. The original jurisdiction of the district court or a judge thereof is fixed by see. 20, art. 5, of the constitution, and it is beyond the power óf the legislature to extend such original jurisdiction so as to include any matter over which the probate court has been granted exclusive jurisdiction.
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Original application to this court for a writ of habeas corpus. The original jurisdiction of the district court or a judge thereof is fixed by see. 20, art. 5, of the constitution, and it is beyond the power óf the legislature to extend such original jurisdiction so as to include any matter over which the probate court has been granted exclusive jurisdiction. (Estate of McVay, 14 Ida. 64, 93 Pac. 31.) A proceeding in the nature of that outlined in sec. 1191, C. S., is paternal rather than criminal. (State v. Ryan, 70 Wis. 676, 36 N. W. 823; In re Sharp, 15 Ida. 120, 96 Pac. 563/18 L. R. A.,…
1Opinion of the CourtLee, J.
This is an application to this court for a writ of habeas corpus. The petitioner, C. K. Hinkle, sets forth in his petition that he was on the twenty-second day of January, 1921, by the Hon. Edgar C. Steele, Judge of the district court of the second judicial district of the state of Idaho, in and for Latah county, under and by virtue of the provisions of C. S., see. 1191, committed to the Northern Idaho State Insane Asylum at Orofino for a period of two years from the date of said commitment. The petitioner contends that his confinement under said commitment is unlawful, for the reason that it…
2Cases cited10 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Barbier v. ConnollySupreme Court of the United States · 1884
- Holden v. HardySupreme Court of the United States · 1898
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Crocker v. StateWisconsin Supreme Court · 1884
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3Cited by8 opinions
- Short v. ThompsonIdaho Supreme Court · 1936
- State v. TroutmanIdaho Supreme Court · 1931
- Pearce v. MoffattIdaho Supreme Court · 1939
- State v. NobleIdaho Supreme Court · 1933
- In Re TierneyIdaho Supreme Court · 1931
3 more not listed; retrieve them via the Exa API.