Ex parte Spinney
Nevada Supreme Court
Habeas Corpus before the Supreme Court. The facts are stated iu the opinion. I. The act is special in a case where a general law could be made applicable. (Secs. 20 and 21 of Art. IY, Const, of Nev.) This Court has laid down the rule that a law which does not embrace all persons in the same situation or condition is a special law.
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Habeas Corpus before the Supreme Court. The facts are stated iu the opinion. I. The act is special in a case where a general law could be made applicable. (Secs. 20 and 21 of Art. IY, Const, of Nev.) This Court has laid down the rule that a law which does not embrace all persons in the same situation or condition is a special law. This is the most liberal rule, — the most severe against our client, the most favorable to the State; it goes to the furthest extent to which any law-book or decision has gone to uphold a questionable legislative enactment. (7 Nev. 351; 20 Iowa, 343.) II. Where all…
1Opinion of the Court
By tbe Court,
Beatty, J.:
It appears from tbe petition and tbe return to the writ that tbe prisoner is detained in tbe custody of a constable of Storey County, by virtue of a warrant of arrest issued upon a complaint charging him with practicing medicine in violation of tbe provisions of an act of tbe legislature entitled “An act to prevent tbe practice of medicine and surgery by unqualified persons.” (Stats, of 1875, 467.)
Tbe illegality of tbe imprisonment is alleged to consist in this: that tbe statute defining tbe offense and prescribing tbe penalty is unconstitutional and void, because “tbe…
2Cases cited1 opinion
- State ex rel. Stoutmeyer v. DuffyNevada Supreme Court · 1872
3Cited by31 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Graves v. MinnesotaSupreme Court of the United States · 1926
- Quong Ham Wah Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1920
- State ex rel. Kellogg v. CurrensWisconsin Supreme Court · 1901
- Ex Parte WhitleyCalifornia Supreme Court · 1904
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