Rickey v. Superior Court

Thornton, J.:

This is an application for a writ of prohibition. On the twenty-third of August, 1880, the petitioner, Rickey, sued Henry Fiene in the Justice’s Court for Rough and Ready Township, County of Nevada, to recover two hundred and *662seventy-two dollars and twenty-five cents damages, for injuries caused by the negligence of Fiene. The action was regularly commenced by complaint filed and summons issued, which was duly served on Fiene. The latter did not appear, and judgment regularly passed against him by default, for the sum of two hundred and forty dollars. Fiene moved afterwards on…