Roberts v. Second Judicial District Court ex rel. County of Washoe
Nevada Supreme Court
Original proceeding. Application for mandamus by C. E. Roberts and others against the Second Judicial District Court of the State of Nevada in and for the County of Washoe, Department 2 thereof, Hon. Thomas F. Moran, Acting Judge therein, and the Scheeline Banking and Trust Company. Notice to quit must not be conditional, but absolute and positive. Underhill, Landlord and Tenant, vol. 1, secs. 118, 119. It must be explicit and positive.
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Original proceeding. Application for mandamus by C. E. Roberts and others against the Second Judicial District Court of the State of Nevada in and for the County of Washoe, Department 2 thereof, Hon. Thomas F. Moran, Acting Judge therein, and the Scheeline Banking and Trust Company. Notice to quit must not be conditional, but absolute and positive. Underhill, Landlord and Tenant, vol. 1, secs. 118, 119. It must be explicit and positive. Taylor, Landlord and Tenant, sec. 483. Statutory notice is a condition precedent. Lacrabere v. Wise, 141 Cal. 555. Plaintiff must bring himself clearly within…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an application for a peremptory writ of mandamus to compel one of the respondents, District Judge Thomas F. Moran, to proceed with the trial of a certain action appealed from the justice court to the district court in which said judge presides.
The petition shows that the respondent Scheeline Banking and Trust Company commenced an action-against the petitioners in the justice’s court of Reno township for the restitution of certain premises situated in the city of Reno, Nevada, let by said company to petitioners. Prior to the commencement of this action the…
2Cases cited12 opinions
- Golden Gate Tile Co. v. Superior Court, in & for City of S.F.California Supreme Court · 1911
- Buckley v. Superior CourtCalifornia Supreme Court · 1892
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Lacrabere v. WiseCalifornia Supreme Court · 1904
- Edwards v. Superior Court, in & for the Cty. of AlamedaCalifornia Supreme Court · 1911
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