Lawson v. Dunseath
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County, Mark R. Averill, Judge. Certiorari by J. W. Lawson against Harry Dunseath, as Justice of the Peace of the Township of Tonopah, County of Nye, and George L. Bailey. From a judgment and order dismissing the petition, petitioner appeals. The complaint was never actually filed in the justice’s court, and hence the action was never legally commenced.
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Appeal from Fifth Judicial District Court, Nye County, Mark R. Averill, Judge. Certiorari by J. W. Lawson against Harry Dunseath, as Justice of the Peace of the Township of Tonopah, County of Nye, and George L. Bailey. From a judgment and order dismissing the petition, petitioner appeals. The complaint was never actually filed in the justice’s court, and hence the action was never legally commenced. The so-called complaint is merely designated a complaint, sufficient for the purpose had it taken the course prescribed by law. " The court must endorse on the complaint the date upon which it was…
1ConcurrenceColeman, J.
I concur in the order reversing the judgment of the trial court, and in that portion of the foregoing opinion relating to the alleged service of summons, but I am *329unable to approve of the views expressed relative to the filing of the complaint in the justice’s court. As a general proposition, it may be said that a document is filed when deposited with and received by the proper officer for filing, and the necessary fees paid, if demanded. (Hook v. Fenner, 18 Colo. 283, 32 Pac. 614, 36 Am. St. Rep. 277; Hilts v. Hilts, 43 Or. 162, 72 Pac. 697; Wilkinson v. Elliott, 43 Kan. 50, 23 Pac. 614, 19…
2Cases cited6 opinions
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Beebe v. MorrellMichigan Supreme Court · 1889
- Hilts v. HiltsOregon Supreme Court · 1903
- Hook v. FennerSupreme Court of Colorado · 1893
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