McLeod v. District Court of the Fifth Judicial District of the State of Nevada ex rel. County of Nye
Nevada Supreme Court
Original proceeding. Certiorari by P. D. McLeod, relator, against the District Court of the Fifth Judicial District in and for the County of Nye, and Mark R. Averill, Judge thereof. [Petition for rehearin g pen din g. ] The lower court' was without jurisdiction to consider and rule upon defendant’s so-called objection to the cost bill and motion to retax costs, no ground therefor having been specified nor good cause shown for the exercise of any discretionary power of the…
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Original proceeding. Certiorari by P. D. McLeod, relator, against the District Court of the Fifth Judicial District in and for the County of Nye, and Mark R. Averill, Judge thereof. [Petition for rehearin g pen din g. ] The lower court' was without jurisdiction to consider and rule upon defendant’s so-called objection to the cost bill and motion to retax costs, no ground therefor having been specified nor good cause shown for the exercise of any discretionary power of the court. To invoke the exercise of discretionary jurisdiction, it is imperatively necessary that such a motion be noticed…
1DissentColeman, J.
I dissent. The district court by its judgment settled two things: (1) That plaintiff was entitled to judgment in the sum of $90; and (2) that he was entitled to judgment for costs. In the minute entry the right of defendant "to proceed as to matter of costs” was reserved. No time in which defendant should proceed was fixed by the minute entry, nor was the manner of his proceeding prescribed; consequently it seems to me that the time and manner fixed by the statute must be deemed to have been contemplated.
The majority opinion quotes the statutory provision under which the prevailing party may…
2Cases cited13 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Ex Parte ReedSupreme Court of the United States · 1879
- Clark v. CraneCalifornia Supreme Court · 1881
- Hegeler v. HenckellCalifornia Supreme Court · 1865
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