Maxwell v. Rives
Nevada Supreme Court
This was an original proceeding in tbe supreme -court upon a writ of certiorari. Tbe facts are stated in tbe opinion. I. Tbe court bad no power to make any order of any kind whatever, either for tbe examination of Maxwell or adjudging him guilty of a contempt, or to strike out bis answer in tbe civil action. Tbe affidavit of Nelly conferred no jurisdiction whatever upon tbe court to act; it was as though no affidavit whatever bad been filed. (Comp.
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This was an original proceeding in tbe supreme -court upon a writ of certiorari. Tbe facts are stated in tbe opinion. I. Tbe court bad no power to make any order of any kind whatever, either for tbe examination of Maxwell or adjudging him guilty of a contempt, or to strike out bis answer in tbe civil action. Tbe affidavit of Nelly conferred no jurisdiction whatever upon tbe court to act; it was as though no affidavit whatever bad been filed. (Comp. Laws, secs. 1459-61; State v. Steel, 1 Nev. 27; State v. Commissioners Washoe County, 5 Nev. 317, and cases therein cited; Morgan v. Commissioners…
1Opinion of the Court
By the Court,
Beatty, J.:
The respondent is judge of the seventh district, and this is a proceeding by certiorari instituted for the purpose of reversing his order adjudging the petitioner guilty of contempt of court. The return to the writ discloses the following state of facts :
The Meadow Yalley Mining Company sued the petitioner to recover a lot of crude silver bullion valued at $4000, and he was subsequently indicted by the grand jury of Lincoln county for the larceny of the same bullion. Both cases were set for trial on the same day—October 14, 1875—the trial of the criminal case to take…
2Cited by18 opinions
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- Langenberg v. DeckerIndiana Supreme Court · 1892
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