State ex rel. Barnett v. Fifth Judicial District Court
Nevada Supreme Court
Application for writ of certiorari. The facts are stated in tlie opinion. I. The pendency of the insolvent proceedings, and the order staying proceedings, in the district court of Washoe county, operated of their own force to stay the proceedings in the district court of Nye county and that court was without authority to render any judgment.
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Application for writ of certiorari. The facts are stated in tlie opinion. I. The pendency of the insolvent proceedings, and the order staying proceedings, in the district court of Washoe county, operated of their own force to stay the proceedings in the district court of Nye county and that court was without authority to render any judgment. (Stat. 1881, 126, secs. 10, 15; Taffts v. Manlove, 14 Cal. 47 ; Qerf v. Oaks, 59 Cal. 182.) I. The district court of Nye county had a right to determine the matter involved in the appeal from the justice’s court regardless of any insolvency proceedings of…
1Opinion of the Court
By the Court,
Belknap, J.:
Brennan recovered judgment against Raphael in the justice’s court for the sum of two hundred and twenty-eight dollars and fifty cents and costs, upon a moneyed demand. Raphael appealed to the district court. The case was called for trial upon the twenty-seventh day of July, whereupon counsel for appellant moved a stay of proceedings upon the ground that since the appeal had been taken his client had been adjudged an insolvent, under the insolvency laws of the state, by the seventh judicial district court. The motion was denied because of the incompetency of the…
2Cases cited4 opinions
- Heinlen v. MartinCalifornia Supreme Court · 1881
- People ex rel. Scannell v. WhitneyCalifornia Supreme Court · 1874
- Taffts v. ManloveCalifornia Supreme Court · 1859
- Pierson v. McCahillCalifornia Supreme Court · 1863