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10 Nev. 215

Ex parte Edgington

Nevada Supreme Court

Decided July 15, 1875

Nevada Supreme Court · decided 1875-07-15

Tbe petition of A. M. Eclgington set forth that he was-nnlawfully imprisoned, confined and restrained of his liberty by the sheriff of Storey County; that said imprisonment, detention, confinement and restraint were illegal, and that the illegality consisted in this: that petitioner had been arrested upon a warrant issued from the justice’s court-of township No. 2, in Virginia City, in Storey County, upon a complaint therein filed charging him with the violation of an…

Key passage — most relied on by later courts

““The petition for the writ of habeas corpus in this case, and the return thereto, to which there is no exception, shows that the petitioner is detained in custody by virtue of a final judgment of a justice of the peace of Virginia City, convicting him of violating an ordinance of that corporation. It is conceded that the justice of the peace had jurisdiction of the offense charged, as well as of the prisoner, and that a legal ordinance authorizes the judgment. Such being the case, it is made our imperative duty to remand the prisoner by the plain terms of our habeas corpus act (1 Compiled Laws, See. 367), and we cannot, without pronouncing an extra-judicial opinion, undertake to decide whether the business of the petitioner was carried on within the corporate limits of Virginia City or not. That was a question to be decided on the trial, and if it was decided erroneously in point either of law or fact, the remedy is by appeal and not by habeas corpus.””

quoted by 1 later decision, including Russell v. Kees

Good law ✅— No negative treatment on recordhow we know

Decided 1875-07-15

How this case has been cited

Cited by 9 later decisions — most recently October 1945

1 federal appellate · 1 district · 6 state decisions

3018751880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Beatty, J.:

¶2The petition for the writ of habeas corpus in this case, and the return thereto, to which there is no exception, shows that the petitioner is detained in custody by virtue of a final judgment of a justice of the peace of Virginia City, convicting him of violating an ordinance of that corporation. It is conceded that the justice of the peace had jurisdiction of the offense charged, as well as of the prisoner, and that a legal ordinance authorizes the judgment.

¶3Such being the case, it is made our imperative duty to remand the prisoner by the plain terms of our habeas corpus act (1 Compiled Laws, Sec. 367), and we cannot, without pronouncing an extra-judicial opinion, undertake to decide whether the business of the petitioner was carried on within the corporate limits of Virginia City or not. That was a question to be decided on the trial, and if it was decided erroneously in point either of law or fact, the remedy is by appeal and not by habeas corpus.

¶4The prisoner is remanded.

Earll, J., did not participate in the foregoing decision.
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