Legal Opinion

State ex rel. Jones v. Bonner

Nevada Supreme Court

Decided July 15, 1919No. 2358PublishedCited by 3 opinions

Original proceeding in certiorari by the State, on the relation of R. H. Jones and another, against William Bonner, Justice of the Peace. The justice of the peace had no jurisdiction at the time to hear the case and enter the judgment. The record fails to sho-w that summons was served on either of the defendants. The affidavit of service filed by the officer is insufficient. Rev. Laws, 5022. “Nothing can be presumed in favor of the jurisdiction of a justice of the peace.

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Original proceeding in certiorari by the State, on the relation of R. H. Jones and another, against William Bonner, Justice of the Peace. The justice of the peace had no jurisdiction at the time to hear the case and enter the judgment. The record fails to sho-w that summons was served on either of the defendants. The affidavit of service filed by the officer is insufficient. Rev. Laws, 5022. “Nothing can be presumed in favor of the jurisdiction of a justice of the peace. The statutory provisions for acquiring jurisdiction must be strictly pursued.” Victor M. & M. Co. v. Justice Court, 18 Nev.…

1Opinion of the Court

*96By the Court,

Coleman, C. J.:

This is an original proceeding in certiorari to inquire into the jurisdiction of the justice of the peace of Spragg Township, Lyon County, to render a certain judgment in favor of Mrs. J. Bean and against R. H. Jones and Jane Doe Jones, his wife. The record of the justice of the peace relative to the case, as certified to this court, is as follows:

“Complaint filed; summons issued; affidavit for attachment filed; undertaking for attachment filed; writ of attachment issued; affidavit for arrest filed; undertaking for arrest filed; order of arrest indorsed in summons;…

2Cases cited1 opinion

  1. McDonald v. PrescottNevada Supreme Court · 1866

3Cited by3 opinions

  1. Camino v. LewisNevada Supreme Court · 1930
  2. Levy & Zentner Co. v. Justice CourtNevada Supreme Court · 1925
  3. State Ex Rel. Wood v. HaegerNevada Supreme Court · 1934

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