Brockbank v. Second Judicial District Court of the State of Nevada Ex Rel. County of Washoe

OPINION

By the Court,

Eather, C. J.:

The petition filed November 22, 1948 recites that the district court is about to set down for hearing a suit against him, No. 118865, department 2, enter a default and give a judgment clouding his title to mining claims, all without jurisdiction and in the absence of compliance with the Nevada law respecting the constructive service of summons.

Respondents’ return filed December 3, 1948 does not deny intention to proceed as charged, but contends that the omission charged is not fatal to jurisdiction over the person of petitioner; that the defect was waived by…