Ex Parte Gardner
Nevada Supreme Court
Original proceeding. Application for writ of habeas corpus. The facts are stated in the opinion. There are three essential elements in this proceeding requisite to render the conviction in this case valid: (1) Jurisdiction over the person of the defendant. (2) Authority of the court to render the particular judgment. (3) Jurisdiction of the subject matter. If either of these elements are lacking, the judgment is fatally defective.
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Original proceeding. Application for writ of habeas corpus. The facts are stated in the opinion. There are three essential elements in this proceeding requisite to render the conviction in this case valid: (1) Jurisdiction over the person of the defendant. (2) Authority of the court to render the particular judgment. (3) Jurisdiction of the subject matter. If either of these elements are lacking, the judgment is fatally defective. (Browne on Jurisdiction, sec. 110, p. 294; Hahn v. Kelly, 34 Cal. 391; Kline v. Kline, 57 Iowa, 386; Freeman on Judg., sec. 120, 2d ed.; Browne on Juris., sec. 10,…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
The wife of petitioner brought an action against him for a divorce in the district court of Lyon county. The complaint also asks for the custody of the infant child of the parties.
On January 26, 1895, while the action was, pending in Lyon county, the district court of Ormsby county made the following order: “ Ida L. Gardner v. James H. Gardner. In this entitled cause, and by consent of William Woodburn, Esq., counsel for plaintiff, and J. D. Torreyson, Esq., of counsel for defendant, it was ordered that the cause herein be, and the same is hereby, transferred from…
2Cases cited5 opinions
- In Re AyersSupreme Court of the United States · 1887
- Walton v. DevelingIllinois Supreme Court · 1871
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Brumley v. StateSupreme Court of Arkansas · 1859
- State v. RobertsNevada Supreme Court · 1873
3Cited by16 opinions
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- Consolidated Flour Mills Co. v. MueggeSupreme Court of Oklahoma · 1927
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- Daines v. MarkoffNevada Supreme Court · 1976
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