B. F. Hastings & Co. v. Burning Moscow G. & S. M. Co.
Nevada Supreme Court
Appeal from the District Court of tlie First Judicial District, Hon. Richard Rising presiding. The facts are stated in the Opinion. The District Court having control of its own process, had jurisdiction to entertain and grant this motion. (8 Cal. 134; 14 ibid. 158, ibid. 177 ; 16 ibid. 202, Nash. Dig. Ohio, pp. 285, 286; paragraphs 2-5; 4 Scam. 374; 14 Cal. 667.) Execution sales made under an irregular judgment which has been modified or revised, will be set aside.
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Appeal from the District Court of tlie First Judicial District, Hon. Richard Rising presiding. The facts are stated in the Opinion. The District Court having control of its own process, had jurisdiction to entertain and grant this motion. (8 Cal. 134; 14 ibid. 158, ibid. 177 ; 16 ibid. 202, Nash. Dig. Ohio, pp. 285, 286; paragraphs 2-5; 4 Scam. 374; 14 Cal. 667.) Execution sales made under an irregular judgment which has been modified or revised, will be set aside. (1 Tidd’s Prac. 561-2; 14 Cal. 667.) Where the plaintiff becomes the purchaser, he takes with notice of all irregularities. (3d…
1Opinion of the Court
Opinion by
Beatty, J., Brosnan, J., concurring.
This cause comes before us under the following circumstances: In the year 1865, plaintiff obtained judgment against defendant for something over twenty-eight thousand dollars. The judgment directed the same to be made in gold coin. Execution issued, and *103defendant’s property was levied on and sold. The execution directed the amount to be paid in gold coin; the advertisement stated the sale would be for gold coin, and the Sheriff, when the sale was made, announced it would be for gold. When the sale was made, one of the plaintiffs bid the amount of…
2Cited by2 opinions
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- Hazard v. ColeIdaho Supreme Court · 1869