Sheckles v. Sheckles
Nevada Supreme Court
An application was made to this Court for a writ of certiorari, requiring the Judge of the Fourth Judicial District of the State of Nevada, the Hon. W. Haydon, to show by what authority he had made an order on N. B. Sheckles to pay over a certain' amount of money to respondent, Phoebe Sheckles, and had directed the issuance of an execution to enforce said payment. The Court granted a rule to show cause why a writ should not issue.
Read the full summary
An application was made to this Court for a writ of certiorari, requiring the Judge of the Fourth Judicial District of the State of Nevada, the Hon. W. Haydon, to show by what authority he had made an order on N. B. Sheckles to pay over a certain' amount of money to respondent, Phoebe Sheckles, and had directed the issuance of an execution to enforce said payment. The Court granted a rule to show cause why a writ should not issue. About tbe time that N. B. Sheckles obtained the writ of certiorari he perfected an appeal from the order of the District Court of the Fourth Judicial District…
1Opinion of the Court
Opinion by
Lewis, J., Beatty, C. J.,
concurring.
The venue in this case should have been changed upon the showing made by the defendant. The plaintiff herself declares that her witnesses reside in Douglas County; the defendant swears that all of his reside in that county ; and the Judge below seems to have been perfectly satisfied that the convenience of witnesses demanded a change; but it was refused, because, as stated by the Court below, the defendant “ having filed his answer to the merits and not objecting to the venue until after the case was set for trial, he therefore waived his right to…
2Cases cited2 opinions
- Pearkes v. FreerCalifornia Supreme Court · 1858
- Tooms v. RandallCalifornia Supreme Court · 1853
3Cited by5 opinions
- Byers v. GratonNevada Supreme Court · 1966
- Fabbi v. First National BankNevada Supreme Court · 1944
- Duffill v. BartlettNevada Supreme Court · 1931
- Pearce v. BobergNevada Supreme Court · 1971
- Edye v. RobertsonU.S. Circuit Court for the District of Eastern New York · 1883