Caples v. Central Pacific Railroad
Nevada Supreme Court
Appeal from the District Court of the Eleventh Judicial District, Elko County. The plaintiff was injured by a collision of cars on the Central Pacific Railroad at a point near Toano, in March, 1869, his skull being fractured, and being otherwise wounded and lamed. He 'obtained a verdict and judgment for the sum of eight thousand 'dollars in gold coin. Plis costs were taxed at the sum of nine ¡hundred and ninety-eight dollars and thirty-five cents.
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Appeal from the District Court of the Eleventh Judicial District, Elko County. The plaintiff was injured by a collision of cars on the Central Pacific Railroad at a point near Toano, in March, 1869, his skull being fractured, and being otherwise wounded and lamed. He 'obtained a verdict and judgment for the sum of eight thousand 'dollars in gold coin. Plis costs were taxed at the sum of nine ¡hundred and ninety-eight dollars and thirty-five cents. I. If the first service was good, the second is a nullity. The question for this Court to pass upon is the regularity of the first •service, for…
1Opinion of the Court
By the Court,
Lewis, C. J.:, Before answering in this case, the defendant moved the District Court to set aside the service of summons made upon one of its agents in this State, upon affidavits setting out that he was not thé proper person upon whom to make service. After notice of the motion, but before hearing, the plaintiff made an affidavit to the effect that the defendant was a foreign corporation, organized in the State of California; and that it had no president or other head, secretary, cashier or managing agent, within the State of Nevada, upon whom service of summons could be made;…
2Cases cited2 opinions
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- Hilger v. EdwardsNevada Supreme Court · 1869
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- Allison v. HaganNevada Supreme Court · 1877
- Hotels El Rancho, Inc. v. PrayNevada Supreme Court · 1947
- Quinn v. QuinnNevada Supreme Court · 1903
- Terry v. BerryNevada Supreme Court · 1878
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