Floral Springs Water Co. v. Rives
Nevada Supreme Court
Application for mandamus. The facts sufficiently appear in the opinion of the court. Petitioner is entitled to the writ of mandamus. ■ The writ is granted where a person has a legal right to insist that a certain act shall be done, the performance of which is by law made the duty of a public officer. (Treadway v. Wright, 4 Nev. 119; 3 Stephens’ Nisi Prius, 2292; Redfield on Railways, 441 n. 5; People v. Judge Wayne Go. 1 Manning’s; Michigan Rep. 359; In the matter of Jas.
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Application for mandamus. The facts sufficiently appear in the opinion of the court. Petitioner is entitled to the writ of mandamus. ■ The writ is granted where a person has a legal right to insist that a certain act shall be done, the performance of which is by law made the duty of a public officer. (Treadway v. Wright, 4 Nev. 119; 3 Stephens’ Nisi Prius, 2292; Redfield on Railways, 441 n. 5; People v. Judge Wayne Go. 1 Manning’s; Michigan Rep. 359; In the matter of Jas. Tu/rner, 5 Ohio, 542; Moses on Mandamus, chaps. 2 and 3; Stat. of Nev. 1869, 264.) The justice has jurisdiction of the…
1Opinion of the Court
By the Court,
Beatty, C. J.:
This is an application for a peremptory writ of mandamus. The substance of the petition is that the petitioner in April, *4331879, recovered a judgment against the county of Lincoln, in an action duly commenced in a justice’s court; that the county appealed to the district court, and that the respondent, who is district judge, refuses to try the action, upon the ground that justices of the peace have no jurisdiction of actions against counties, and consequently that the district court could acquire no jurisdiction of this case, by appeal from the j ustice’s court.
The…
2Cases cited3 opinions
- State ex rel. Treadway v. WrightNevada Supreme Court · 1868
- Cavanaugh v. WrightNevada Supreme Court · 1866
- Waitz v. Ormsby CountyNevada Supreme Court · 1865
3Cited by13 opinions
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
- State Ex Rel. Office Specialty Manufacturing Co. v. CurlerNevada Supreme Court · 1902
- Schintz v. MorrisCourt of Appeals of Texas · 1896
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