Coffin v. Bell
Nevada Supreme Court
Appeal from the District Court, Ormsby county, from order denying motion for a new- trial; Richard Rising, District Judge: On December 14, 1892, the defendant Bell commenced an action in the district court of Ormsby county against Mrs. C. R. Goddard to recover a money judgment upon an account. At the same time he issued an attachment, which was duly levied upon the property in dispute in this action, a piece of real estate in Carson City.
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Appeal from the District Court, Ormsby county, from order denying motion for a new- trial; Richard Rising, District Judge: On December 14, 1892, the defendant Bell commenced an action in the district court of Ormsby county against Mrs. C. R. Goddard to recover a money judgment upon an account. At the same time he issued an attachment, which was duly levied upon the property in dispute in this action, a piece of real estate in Carson City. I¿ Bell v. Goddard summons was issued, and served on the defendant in the state of California, but no affidavit or order for the publication of summons was…
1Opinion of the Court
By the Court,
Biselow, J.
(after stating the facts):
Where constructive service of summons is relied upon to sustain a judgment, a strict compliance with the provisions of the statute is required (Little v. Currie, 5 Nev. 90; Mining Co. v. Marsano, 10 Nev. 370; Victor M. & M. Co. v. Justice Court, 18 Nev. 21; Galpin v. Page, 18 Wall. 350; Guaranty Trust & Safe Deposit Co. v. Green Cove Springs & M. R. Co., 189 U. S. 137, 11 Sup. Ct. 512); otherwise the court obtains no jurisdiction over the defendant; and the want of such jurisdiction, when permitted to be shown under the rules of law concerning…
2Cases cited13 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Morrill v. MorrillOregon Supreme Court · 1890
- Buchanan v. BilgerTexas Supreme Court · 1885
- People v. MullanCalifornia Supreme Court · 1884
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
- State Ex Rel. Crummer v. Fourth Judicial District Court of the State of NevadaNevada Supreme Court · 1951
- Brockbank v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 1948
- Gordon v. District Court of Fifth Judicial DistrictNevada Supreme Court · 1913
- Hays v. AlwaySouth Dakota Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.