Killgrove v. Morriss
Nevada Supreme Court
Appeal from the Eighth Judicial District Court, Churchill County; T. E~. Hart, Judge. Action by Anna Brown Killgrove, guardian, against Charles Morriss and wife. From a judgment for defendants upon demurrer to the complaint, plaintiff appeals. The demurrer to the complaint should have been overruled. The district court had jurisdiction to hear and determine the matters set forth in the complaint. (Const. Nev. sec. 6, art. 6; Deeganv.
Read the full summary
Appeal from the Eighth Judicial District Court, Churchill County; T. E~. Hart, Judge. Action by Anna Brown Killgrove, guardian, against Charles Morriss and wife. From a judgment for defendants upon demurrer to the complaint, plaintiff appeals. The demurrer to the complaint should have been overruled. The district court had jurisdiction to hear and determine the matters set forth in the complaint. (Const. Nev. sec. 6, art. 6; Deeganv. Deegan, 22 Nev. 197.) In cases where the constitution gives the district court original jurisdiction, as in this case, it has been held that it was an exclusive…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an appeal from the judgment on the judgment roll alone. To plaintiff’s complaint in an action at law brought in the district court to recover a money judgment in the sum of $113.40, a demurrer to the jurisdiction of the court was interposed and sustained.
The question is presented whether the district court or the justice’s court has jurisdiction in actions at law brought by the guardian of a minor where the amount involved does not exceed $300.
Article 6, section 6, provides:
"The district courts * * * shall have original jurisdiction in all cases in equity;…
2Cases cited7 opinions
- McLean v. CrowCalifornia Supreme Court · 1891
- Kirman v. PowningNevada Supreme Court · 1900
- Idaho Trust Co. v. MillerIdaho Supreme Court · 1909
- Gallagher v. McGrawCalifornia Supreme Court · 1901
- Bradwell v. WilsonIllinois Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Connor v. MalloryNevada Supreme Court · 2012
- Gelch v. State Board of ElectionsSupreme Court of Rhode Island · 1984
- Gelch v. State Board of ElectionsSupreme Court of Rhode Island · 1984