Garrard v. Gallagher
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts are stated in the opinion. I. This contest is a special proceeding, and where its forum is a court proper, no further jurisdiction is obtained, or power granted, than flows directly from the language of statute. (Dorsey v. Barry, 24 Cal. 449.) No costs were recovered at common law.
Read the full summary
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts are stated in the opinion. I. This contest is a special proceeding, and where its forum is a court proper, no further jurisdiction is obtained, or power granted, than flows directly from the language of statute. (Dorsey v. Barry, 24 Cal. 449.) No costs were recovered at common law. They were first given by the statute of Gloucester, 6 Edw., 1 C. 1, which has been substantially adopted in the United States. (State v. Kinni, 41 N. H. 238; Bouvier’s Law' I)ict., title costs, p. 370; Bacon’s Abr.-, Yol. 2,…
1Opinion of the Court
*385By tlie Court,
Hawley, C. J.:
At the general election in 1874, the respondent tvas elected to the office of state senator in Esmeralda county. The appellant, pursuant to the provisions of section 52 of the act concerning elections (2 Comp. L. 2555), filed with the clerk of said county a statement contesting the election of respondent. During the session of the legislature, the state senate indefinitely postponed the whole subject-matter relating to said contest. (Journal of the Senate, 1875, 54.) This action is brought to recover the costs expended by respondent in defending said contest and…
2Cases cited13 opinions
- Searcy v. GrowCalifornia Supreme Court · 1860
- Miller v. WilsonOhio Supreme Court · 1846
- Wright v. FawcettTexas Supreme Court · 1874
- Dorsey v. Barry.California Supreme Court · 1864
- French v. LightyIndiana Supreme Court · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bradburn v. Wasco CountyOregon Supreme Court · 1910
- Estey v. CookeNevada Supreme Court · 1877
- Kirk v. ParsonsNevada Supreme Court · 1960
- Texas International Airlines, Inc. v. BryanDistrict Court, D. Nevada · 1981