Paul v. Armstrong
Nevada Supreme Court
Appeal from the Civil Probate Court of Storey County, Territory of Nevada, Hon. L. "W". FekRis, presiding. The-facts appear in the opinion of the Court. This is a proceeding on certiorw'i, by which a case which Fad been determined by it magistrate was brought before the Civil Probate Court; the case was one begun under the Act concerning forcible entry and detainer, for an enforcement of forfeiture of a lease by a landlord against his tenant for breach of conditions.
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Appeal from the Civil Probate Court of Storey County, Territory of Nevada, Hon. L. "W". FekRis, presiding. The-facts appear in the opinion of the Court. This is a proceeding on certiorw'i, by which a case which Fad been determined by it magistrate was brought before the Civil Probate Court; the case was one begun under the Act concerning forcible entry and detainer, for an enforcement of forfeiture of a lease by a landlord against his tenant for breach of conditions. The proceeding by certiora/ri is not the proper remedy. Section 403 of the Practice Act, page 384, statutes of 1861, provides…
1Opinion of the Court
Opinion by
BeosNAN, J.
On the 25th day of March, 1864, Paul and Bateman, the appellants, demised the International Hotel in Virginia "City to the respondent Armstrong for one year, at the yearly rent of $14,400, payable monthly in United States gold or silver coin, at the rate of $1,200 per month in advance. The lease contains conditions that upon non-payment of rent as therein stipulated, “ or if the rent be paid in legal tender on the part of the lessee,” the lessors should have the right to re-enter, etc. The lessee also agrees to waive all demand in writing, or demand of any kind, for rent,…
2Cases cited11 opinions
- Ex parte NewmanCalifornia Supreme Court · 1858
- Root v. StuyvesantNew York Supreme Court · 1837
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- KaneCourt for the Trial of Impeachments and Correction of Errors · 1831
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3Cited by17 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Gasser v. Jet Craft Ltd.Nevada Supreme Court · 1971
- Iveson v. Second Judicial District CourtNevada Supreme Court · 1949
- Paschall v. StateNevada Supreme Court · 2000
- Golding v. JenningsUtah Supreme Court · 1874
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