National Mines Co. v. Sixth Judicial District Court, State of Nevada ex rel. County of Humboldt
Nevada Supreme Court
Original proceeding. Application for certiorari by the National Mines Company against the Sixth Judicial District Court for the County of Humboldt and the judge thereof thereof, to review an order of the judge.
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Original proceeding. Application for certiorari by the National Mines Company against the Sixth Judicial District Court for the County of Humboldt and the judge thereof thereof, to review an order of the judge. Statement op Facts This is an original proceeding in certiorari to review an order of the Sixth Judicial District Court of the State of Nevada, in and for the County of Humboldt, the Honorable Edward A. Ducker, district judge thereof, presiding, directing a survey of the boundaries and underground workings of the Charleston and West Virginia lode mining claims, the property of the…
1Opinion of the Court
By the Court,
NORCROSS, J.:
Petitioner herein contends that the respondent court was without jurisdiction to make the order of survey in question, for the reason that section 3 (Comp. Laws, 252) supra, does not authorize such order in advance of a pending suit; that, if said section may be so construed as to permit such order in advance of a pending suit, then the same would be in violation of the constitution and void; that the said applicant, H. E. Orr, was not within the class of persons mentioned in section 1 of said act (Comp. Laws, 250), supra, and hence not entitled to an order in any…
2Cases cited9 opinions
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Bordeaux v. BordeauxMontana Supreme Court · 1902
- Carson-Rand Co. v. SternSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Madera v. State Industrial Insurance SystemNevada Supreme Court · 1998
- Crouse v. North American Aviation, Inc.District Court, W.D. Missouri · 1946
- Madera v. State Industrial Insurance SystemNevada Supreme Court · 1998
- Orbitz Worldwide v. Eighth Jud. Dist. Ct.Nevada Supreme Court · 2023