Hamer v. Kane
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. The tax suits, to restrain the executions in which this action was instituted, were brought in the justice’s court for Pioche Township, Lincoln County; and the defendant was sheriff of that county. I. The bill sets forth no sufficient cause for the granting of an injunction. It shows that the judgments had been appealed from.
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. The tax suits, to restrain the executions in which this action was instituted, were brought in the justice’s court for Pioche Township, Lincoln County; and the defendant was sheriff of that county. I. The bill sets forth no sufficient cause for the granting of an injunction. It shows that the judgments had been appealed from. When the appeals were perfected, if the sheriff had executions the justice would, no doubt, on demand, have issued'a supersedeas; and if not, he could have been compelled to do it. So the…
1Opinion of the Court
By the Court,
Lewis, C. J.:
Several actions were brought by the state in a justice’s court, for the purpose of recovering taxes alleged to have been levied and assessed, but remaining unpaid. The defendant in each case appeared, answered and moved a transfer of the cases to the district court, under Section 33, page 287, (Stats, of 1864 — 5) which declares that “ if it appear on the trial of any action commenced in a justice’s court under the provisions of this act that the legality of any tax or assessment levied hereunder is involved therein, the justice shall immediately make an entry…
2Cited by4 opinions
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- Carson v. JansenNebraska Supreme Court · 1902
- Olson v. LeithWyoming Supreme Court · 1953
- Elder v. ShawNevada Supreme Court · 1877