Norton v. Third Judicial District Court

OPINION

By the Court,

Coleman, J.:

This is an original proceeding in prohibition to restrain the respondent court from proceeding with the trial on the merits of a case appealed from a justice of the peace.

In the fall of 1928 F. L. Stevens instituted an action' in the justice’s court of Argenta township, Lander County, Nevada, against B. E. Norton, this petitioner. Upon the trial the justice of the peace entered judg-. ment against plaintiff, dismissing the action and rendered judgment for the defendant for costs amounting to $30.50. Thereafter the plaintiff, Stevens, gave notice of an appeal…