Stretch v. Montezuma Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; B. F. Curler, Judge. • Action by Richard H. Stretch against the Montezuma Mining Company. From an order denying defendant’s application to open a default and permit defendant to answer, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; B. F. Curler, Judge. • Action by Richard H. Stretch against the Montezuma Mining Company. From an order denying defendant’s application to open a default and permit defendant to answer, defendant appeals. The facts sufficiently appear in the opinion. I. In the case of State of Nevada v. Consolidated Virginia Mining Company, 13 Nev. 194, it appeared that James G. Fair as managing agent of the corporation was served with complaints and summons in two suits, and that he handed said papers to the…
1Opinion of the Court
By the Court,
Talbot, J.:
On May 14, 1904, this action was commenced and garnishment levied upon moneys in a bank in Reno; but summons was not served at that time because plaintiff’s attorneys were informed that no certificate of appointment of a state agent upon whom service could be made had been filed by the defendant corporation. From the affidavits which were presented on the hearing of the motion it appears that one Roeder, who was the secretary and general manager of the company, had left Boston on May 14, 1904, informing the directors that he was going to the mines at Montezuma, Nevada,…
2Cases cited10 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Griel v. . VernonSupreme Court of North Carolina · 1871
- Haley v. Eureka County BankNevada Supreme Court · 1889
- Howe v. ColdrenNevada Supreme Court · 1868
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
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3Cited by8 opinions
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- Esden v. MayNevada Supreme Court · 1913
- Townsend v. Carolina Coach Co.Supreme Court of North Carolina · 1949
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