Legal Opinion

State ex rel. Treadway v. Wright

Nevada Supreme Court

Decided July 1, 1868PublishedCited by 22 opinions

This was an application on behalf of Aaron D. Treadway for a writ of peremptory mandamus against Hon. Samuel II. Wright, Judge of the District Court of the Second Judicial District, Orms-by County, to compel him “ to set for trial, hear and determine the cause of C. J. Hoteling v. A. D. Treadway,” mentioned in the opinion.

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This was an application on behalf of Aaron D. Treadway for a writ of peremptory mandamus against Hon. Samuel II. Wright, Judge of the District Court of the Second Judicial District, Orms-by County, to compel him “ to set for trial, hear and determine the cause of C. J. Hoteling v. A. D. Treadway,” mentioned in the opinion. Judge Wright filed an answer to the petition, setting forth, among other, things, that the cause referred to had been brought into his court on appeal from a justice’s court; that a motion had been duly made in his court to dismiss the appeal; that the motion had been duly…

1Opinion of the Court

By the Court,

Lewis, J.

The relator petitions this Court to issue a peremptory writ of mandamus to the defendant, Wright, commanding him to proceed with the trial of a certain action between one Hotelling and himself. The facts disclosed by the affidavit on behalf of the relator, and upon which the writ is asked, may in substance be thus stated:

Hotelling brought an action against Treadway in a Justice’s Court, to recover the sum of one hundred and ten dollars; and on the twenty-ninth day of January, recovered judgment. A few days afterwards Treadway took an appeal from the judgment so .rendered…

2Cases cited1 opinion

  1. Cavanaugh v. WrightNevada Supreme Court · 1866

3Cited by22 opinions

  1. Pan v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2004
  2. State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
  3. State v. Eighth Judicial District Court of NevadaNevada Supreme Court · 2000
  4. Ewing v. CohenTexas Supreme Court · 1885
  5. Pan v. Dist. Ct.Nevada Supreme Court · 2004

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