Mayberry v. Bowker
Nevada Supreme Court
Application for mandamus. The facts are stated in the opinion. I. The remedy by application to the district court is substantially tbe same as an application for a mandamus. - This court can not be deprived of a jurisdiction expressly conferred upon it by tbe Constitution. (Levy v. Inglish, 4 Ark. 66.) II. A writ of mandamus will be issued although petitioner may have some other remedy.
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Application for mandamus. The facts are stated in the opinion. I. The remedy by application to the district court is substantially tbe same as an application for a mandamus. - This court can not be deprived of a jurisdiction expressly conferred upon it by tbe Constitution. (Levy v. Inglish, 4 Ark. 66.) II. A writ of mandamus will be issued although petitioner may have some other remedy. (Stale v. Wright, 10 Nev. 175; Jones v. McMahon, 30 Tex. 730. . Belator has another appropriate and adequate remedy. (1 C. L. 1544; State v. McAnliffe, 48 Mo. 112; High’s Ex. Bern., sec. 243; 12 Barb. 220; 12…
1Opinion of the Court
By the Court,
LEONARD, J.:
This is an original application in this court for a writ of mandamus, commanding respondent, a justice of the peace of Beno township, in Washoe county, to transmit to the clerk of the second judicial district court a copy of his docket, the pleadings and other papers filed in his court, in a cause tried therein, entitled A. Charlebois v. James Mayberry. Briefly stated, the facts are as follows: The plaintiff in the case just mentioned obtained judgment against the defendant therein for two hundred and fifty-nine dollars and his costs, taxed at thirty dollars and…
2Cases cited4 opinions
- State ex rel. Reynolds v. Board of CommissionersIndiana Supreme Court · 1874
- Francisco v. Manhattan InsuranceCalifornia Supreme Court · 1868
- McLaran v. MeadSupreme Court of Missouri · 1871
- State ex rel. Benne v. EnglemanSupreme Court of Missouri · 1869
3Cited by4 opinions
- State ex rel. Abel v. EggersNevada Supreme Court · 1913
- State ex rel. Freyesleben v. Ninth Judicial District CourtNevada Supreme Court · 1916
- State ex rel. Mighels v. EggersNevada Supreme Court · 1913
- State ex rel. Holley v. BoerlinNevada Supreme Court · 1908