Legal Opinion · Concurrence

Hoopes v. Meyer

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 4 opinions

Appeal from the District Court of the Eirst Judicial District, State of Nevada, Onnsby County, Hon. Riohaed RisiNG- presiding. The facts of this case are stated in the opinion of the Court. filed the following assignment of errors: Fvrst — The District Court, in the absence of any statute applying to and governing this class of cases in respect to that Court, could not entertain jurisdiction of the action.

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Appeal from the District Court of the Eirst Judicial District, State of Nevada, Onnsby County, Hon. Riohaed RisiNG- presiding. The facts of this case are stated in the opinion of the Court. filed the following assignment of errors: Fvrst — The District Court, in the absence of any statute applying to and governing this class of cases in respect to that Court, could not entertain jurisdiction of the action. Second — If the District Court had power originally to entertain the case, it lost that power by the repeal of the Act of 1861, concerning forcible entries and unlawful detainers. Third —…

1Concurrence

Opinion of the Court by

Justice Beatty,

full Bench concurring.

This was an action brought under the Forcible Entry and Detainer Act, for an unlawful holding over of a tenant. The complaint substantially alleges that plaintiff leased certain premises to defendant for a period of one year, from the 7th of April, 1864, to the 7th of April, 1865, for the sum of four thousand eight hundred dollars, which rent was to be paid in installments of four hundred dollars each month in advance. That the monthly rents falling due on the 7th of September, 7th of October and 7th of November, respectively, were…

2Cases cited1 opinion

  1. Howard v. ValentineCalifornia Supreme Court · 1862

3Cited by4 opinions

  1. Corbett v. JobNevada Supreme Court · 1869
  2. Hemrich v. HemrichWashington Supreme Court · 1921
  3. O'Neale v. CleavelandNevada Supreme Court · 1867
  4. McKinnon v. Cantarutti-AlthuizenNevada Supreme Court · 1982

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