Ex parte Kitchen

Decided July 15, 1885

Nevada Supreme Court · decided 1885-07-15

The'conspiracy charged against petitioner and others was for conspiring, combining, and uniting together, to compel the mine-owners to pay a certain stipulated price per day to all laborers, and to prevent other persons from working for a less sum, and compelling others by threats and intimidation to quit work.

Good law ✅— No negative treatment on recordhow we know

Decided 1885-07-15

How this case has been cited

Cited by 4 later decisions — most recently February 1923

1 district · 3 state decisions

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.

View the full empirical analysis of this case →

¶1By the Court,

Leonard, J.:

¶2The applicant and several other persons were indicted by the grand jury of Eureka County for the crime of conspiracy. A writ of habeas corpus has been applied for, to the end that applicant may be discharged from the custody of the sheriff.

¶3It is urged that applicant’s imprisonment is illegal, because the sixth judicial district court, in and for the county of Eureka, had no jurisdiction over the person of defendant, or the subject-matter set forth in the indictment against him, in that the facts set forth in said indictment do not constitute a public offense, nor does the said indictment charge the said defendant with the commission of any crime.

¶4We express no opinion as to whether or not the indictment is defective in fact. We only say that if it is so, taking the most favorable view for applicant, enough appears to prevent his discharge should the writ issue. (Church on Hab. Cor. 246.)

¶5Writ denied.