Golden v. Fifth Judicial District Court
Nevada Supreme Court
Original proceeding. Application by Frank Golden for a writ of prohibition against Mark R. Averill, as District Judge, and others. The facts sufficiently appear in the opinion. I. Prohibition does not lie when remedies can be had by appeal on writ of error.. (High on Extraordinary Legal Remedies, 765; People v. Westbrook, 89 N. Y. 152; State v. Corey, 35 Minn. 178; State v. District Judge, 38 La.
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Original proceeding. Application by Frank Golden for a writ of prohibition against Mark R. Averill, as District Judge, and others. The facts sufficiently appear in the opinion. I. Prohibition does not lie when remedies can be had by appeal on writ of error.. (High on Extraordinary Legal Remedies, 765; People v. Westbrook, 89 N. Y. 152; State v. Corey, 35 Minn. 178; State v. District Judge, 38 La. Ann. 921.) The order and decree of the District Court of the Fifth Judicial District of the State of Nevada, in and for the County of Nye, complained of by petitioner herein, is an injunction, and is…
1Opinion of the Court
By the Court,
Norcross, C. J.:.This is an original proceeding in prohibition. The petitioner, Frank Golden, is the president of the Nye and Ormsby County Bank, a corporation. Respondent Mark R. Averill is Judge of the Fifth Judicial District Court of the State of Nevada, in and for the County of Nye. Respondents J. J. Mullin and Gilbert C. Ross are receivers of the said Nye and Ormsby County Bank, appointed by said respondent Averill, judge as aforesaid, on the 24th day of February, 1909. Petitioner prays for a writ to prohibit respondents from proceeding further under said order of February…
2Cases cited20 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Galpin v. PageSupreme Court of the United States · 1874
- People v. . O'BrienNew York Court of Appeals · 1888
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
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3Cited by9 opinions
- Maitia v. Allied L. & L. S. Co.Nevada Supreme Court · 1926
- Shelton v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 1947
- State ex rel. Howell v. WildesNevada Supreme Court · 1911
- Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
- State ex rel. Hersh v. First Judicial District CourtNevada Supreme Court · 1970
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