State Ex Rel. Newitt v. Fourth Judicial District Court Ex Rel. County of Elko

OPINION

By the Court,

Orr, J.:

Relator instituted an action in the respondent court on January 23, 1941, wherein Sue A. Hazell Newitt was plaintiff and Clarence E. Dawe, as executor of the last will and testament of William J. Dawe, deceased, was defendant. Thereafter certain proceedings were had and filings made, until said action reached the point where the plaintiff had filed an amended complaint and the defendant in said action had filed an answer thereto; plaintiff had filed a motion to strike portions of the answer, also a demurrer. Both plaintiff and defendant had filed motions for…