Legal Opinion

Connery v. Swift

Nevada Supreme Court

Decided October 15, 1873PublishedCited by 2 opinions

Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against S. T. Swift, sheriff of Ormsby County, and C. M. Taylor, to enjoin proceedings on execution under a judgment recovered before a justice of the peace in favor of Taylor and against Mary J. Connery, then Mary J. McCormas.

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Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action against S. T. Swift, sheriff of Ormsby County, and C. M. Taylor, to enjoin proceedings on execution under a judgment recovered before a justice of the peace in favor of Taylor and against Mary J. Connery, then Mary J. McCormas. It appears from the complaint that Taylor, about June, 1872, commenced suit in a justice’s court in Genoa Township, Douglas County, against Thomas McCormas and Mary McCormas for $180; that after service and upon the day set for trial a default was entered against Mary…

1Opinion of the Court

By the Court,

Hawley, J.:

Plaintiff seeks to enjoin the sale of certain personal property under an execution issued upon a judgment rendered against her in a justice’s court, and bases her claim for relief upon the grounds : 1st, that the judgment is a nullity; 2d, that it was obtained by fraud. At the hearing upon the question of fraud, the court dissolved the temporary restraining order theretofore issued. From this order plaintiff appeals.

From the pleadings we think the only ground upon which plaintiff would be entitled to the relief sought is that of fraud; and it is not contended that the…

2Cited by2 opinions

  1. Nevada Central Railroad v. District CourtNevada Supreme Court · 1893
  2. Holt v. SinclairNevada Supreme Court · 1975

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