Low v. Crown Point Mining Co.
Nevada Supreme Court
This case was pending in the District Court of the First Judicial District, before the Hon. Richard Rising, presiding. It was an action of ejectment for an interest in certain mining grounds. Among other defenses set up, was an equitable one, alleging that plaintiff only claimed title through a certain deed, absolute on its face, but which was, in part, only a mortgage. The defendant asked the Court to declare this deed a mortgage, and for other equitable relief.
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This case was pending in the District Court of the First Judicial District, before the Hon. Richard Rising, presiding. It was an action of ejectment for an interest in certain mining grounds. Among other defenses set up, was an equitable one, alleging that plaintiff only claimed title through a certain deed, absolute on its face, but which was, in part, only a mortgage. The defendant asked the Court to declare this deed a mortgage, and for other equitable relief. This equitable branch of the case was first disposed of; and being determined against the defendant, notice of appeal was filed and…
1Opinion of the Court
*77Opinion by
Brosnan, J.
This action, while in progress of trial in the District Court, was temporarily arrested by an order of prohibition from this Court.
The power of the Court to make such an order in a proper case is unquestionable, because it is expressly authorized and conferred by the Constitution of the State. (Constitution of Nevada, Art. 6, Sec. 4.) Nevertheless, the writ ought not to issue where there is another and adequate remedy. Properly speaking, the office of the writ of prohibition is not to correct errors, but to prevent Courts from transcending the limits of their jurisdiction…
2Cited by13 opinions
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- Ringling v. BieringMontana Supreme Court · 1928
- Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
- Silver Peak Mines v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1910
- Gladys Baker Olsen Family Trust Ex Rel. Olsen v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 1994
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