State v. Shaw
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. The facts "sufficiently appear in the opinion. I. The court erred in not remanding the cause from Eureka county to Nye county, the county in which the real estate defendant is situated, for trial upon appellant's motion, the latter being the county in which the cause was properly triable. (Gen. Stats. 1105.) II.
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Appeal from the District Court of the State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. The facts "sufficiently appear in the opinion. I. The court erred in not remanding the cause from Eureka county to Nye county, the county in which the real estate defendant is situated, for trial upon appellant's motion, the latter being the county in which the cause was properly triable. (Gen. Stats. 1105.) II. An order of court changing or refusing to change the place of trial is not an appealable order under the statute. III. The situs of personal property for the purposes of taxation is…
1Opinion of the Court
By the Court,
Bigelow, J.:
The respondent objects to the consideration of the order changing the place of trial from Nye county to Eureka county, upon the ground that such an order can only be reviewed upon a direct appeal therefrom. Under our present practice act, however, such an order is not appealable. (Gen. Stnt. Sec. 3352.) It is properly brought before the court upon an appeal from the judgment, under section 3350, as an intermediate order involving the merits and necessarily affecting the judgment. When Table Mountain G. & S. Min. Co. v. Waller’s Defeat S. Min. Co., 4 Nev. 218, was…
2Cases cited7 opinions
- Tappan v. Merchants' National BankSupreme Court of the United States · 1874
- St. Louis v. Ferry Co.Supreme Court of the United States · 1871
- Rogers v. WatrousTexas Supreme Court · 1852
- City of Dubuque v. C. D. & M. R.Supreme Court of Iowa · 1877
- Table Mountain Gold & Silver Mining Co. v. Waller's Defeat Silver Mining Co.Nevada Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Pacific Reclamation Co. v. DuckerNevada Supreme Court · 1912
- Rosasco v. County of TuolumneCalifornia Supreme Court · 1904
- Holcomb v. KeliherSouth Dakota Supreme Court · 1894
- Peters v. JonesNevada Supreme Court · 1901
- Hostetler v. HarrisNevada Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.