Legal Opinion

Silver Peak Mines v. Second Judicial District Court ex rel. County of Washoe

Nevada Supreme Court

Decided July 15, 1910No. 1886PublishedCited by 11 opinions

Original proceeding. Application by Silver Peak Mines and others for a writ of prohibition against the Second Judicial District Court of Washoe County, Nevada, and the Honorable W. H. A. Pike, Judge thereof. The facts sufficiently appear in the opinion.

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Original proceeding. Application by Silver Peak Mines and others for a writ of prohibition against the Second Judicial District Court of Washoe County, Nevada, and the Honorable W. H. A. Pike, Judge thereof. The facts sufficiently appear in the opinion. On the application for a writ of prohibition in this proceeding the only question open for consideration is: Is the district court about to take some action which would be in excess or without its jurisdiction? If the judgment which it is supposed the court is about to enforce is void, it must be so only because it is either beyond the issues…

1Per curiam

This proceeding stands upon a petition for a writ of prohibition, to which a demurrer has been interposed. It is sought to have the district court restrained from executing a writ of assistance or proceeding to take evidence for an accounting to determine the amount of damages in the action of B. A. Gamble and F. S. Chadbourne against L. J. Hanchett, these petitioners and others, both of which have been ordered by that court. It is claimed the district court was without jurisdiction and acted in excess of its discretion in making these orders,-and that therefore it should be enjoined from…

2Cases cited25 opinions

  1. Fleming v. CommissionersWest Virginia Supreme Court · 1888
  2. Buskirk v. Judge of Circuit CourtWest Virginia Supreme Court · 1873
  3. Powelson v. LockwoodCalifornia Supreme Court · 1890
  4. State v. CastorSupreme Court of Missouri · 1887
  5. Castro v. IlliesTexas Supreme Court · 1858

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3Cited by11 opinions

  1. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  2. Kress v. CoreyNevada Supreme Court · 1948
  3. Gamble v. HanchettNevada Supreme Court · 1912
  4. Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
  5. Bowler v. First Judicial District Court of the State of NevadaNevada Supreme Court · 1951

6 more not listed; retrieve them via the Exa API.

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