Tobin v. Gartiez
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; James A. Callahan, Judge. Action by C. L. Tobin against Frank Gartiez and others. From judgment for plaintiff, order denying motion for new trial and order denying motion to strike the cost bill, and order denying motion to strike item from cost bill, defendants appeal.
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Appeal from Sixth Judicial District Court, Humboldt County; James A. Callahan, Judge. Action by C. L. Tobin against Frank Gartiez and others. From judgment for plaintiff, order denying motion for new trial and order denying motion to strike the cost bill, and order denying motion to strike item from cost bill, defendants appeal. The district court was without j urisdiction, no verified answer raising a question of title to real estate having been filed with the justice of the peace. Rev. Laws, 5721; State v. Justice Court, 29 Nev. 191. Plaintiff was not the owner of the lands; or, in the…
1Opinion of the Court
By the Court,
Ducker, J.:
This action was originally brought in the justice court of Union township, county of Humboldt, State of Nevada, to recover $200 damages for grazing sheep upon the lands alleged to be owned by respondent. An attorney fee in the sum of $250 is demanded in the complaint. In regard to the ownership and possession of the lands, it is alleged in the complaint as follows:
“That during all the times hereinafter mentioned the said plaintiff was, and now is, the owner, and lawfully in the possession, of that certain tract of land situated in the county of Humboldt, State of…
2Cases cited5 opinions
- Chapman v. DoughertySupreme Court of Missouri · 1885
- State v. WheelerNevada Supreme Court · 1896
- King v. Kutner-Goldstein Co.California Supreme Court · 1901
- In re DixonNevada Supreme Court · 1916
- Carroll v. RigneySupreme Court of Rhode Island · 1885
3Cited by7 opinions
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- Solomon v. WaltonCalifornia Court of Appeal · 1952
- Camino v. LewisNevada Supreme Court · 1930
- Ferguson v. CaminoNevada Supreme Court · 1932
- Ferguson v. CaminoNevada Supreme Court · 1932
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