Cline v. Langan
Nevada Supreme Court
Original proceeding. Application by Thomas H. Cline for a writ of prohibition to restrain Frank P. Langan, District-Judge, and others, from attempting or proceeding further to punish relator for contempt. Statement of Facts The essential facts are undisputed: Respondents,-Scott & Zimmerman, brought an action against relator and one S. H. Harris, and another suit against the petitioner alone, which related to a leasehold interest and rents.
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Original proceeding. Application by Thomas H. Cline for a writ of prohibition to restrain Frank P. Langan, District-Judge, and others, from attempting or proceeding further to punish relator for contempt. Statement of Facts The essential facts are undisputed: Respondents,-Scott & Zimmerman, brought an action against relator and one S. H. Harris, and another suit against the petitioner alone, which related to a leasehold interest and rents. The actions were consolidated, pursuant to a stipulation of the parties. On June 27, 1908, the court appointed three referees to try "any and all issues in…
1Opinion of the Court
By the Court,
Talbot, J.
(after stating the facts as above):
The order directing that all proceedings in the consolidated cases against relator be stayed pending the motion for a new trial, made by the referees after they had heard the causes, entered their-findings of fact and conclusions of law and judgment, and thereby completed their duties, was neither authorized by the statute nor purported to be authorized by the stipulation and order under which they were appointed. This order being void, the subsequent orders of the court attempting to enforce it and to punish the relator for failure to…
2Cases cited15 opinions
- Ex parte SpencerCalifornia Supreme Court · 1890
- Batchelder v. MooreCalifornia Supreme Court · 1871
- Galland v. GallandCalifornia Supreme Court · 1872
- Phillips v. WelchNevada Supreme Court · 1877
- Ex parte GordanCalifornia Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Daines v. MarkoffNevada Supreme Court · 1976
- Bandelin v. QuinlanIdaho Supreme Court · 1972
- State Industrial Insurance System v. SleeperNevada Supreme Court · 1984
- Harkness v. HydeIdaho Supreme Court · 1918
- Steeves v. Second Judicial District Court Ex Rel. County of WashoeNevada Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.