Legal Opinion

Tunheim v. Bowman

District Court, D. Nevada

Decided November 28, 1973No. LV-2000PublishedCited by 4 opinions

1Opinion of the Court

ORDER DISSOLVING THREE-JUDGE COURT

This action was instituted for declaratory relief adjudging Nevada’s confession of judgment statutes 1 to be per se unconstitutional, and to enjoin enforcement of certain judgments obtained by confession. A three-judge court has been convened.

In addition to alleging that the Nevada statutes are facially unconstitutional because the procurement of a judgment and the levy of execution thereon without prior notice and an opportunity to be heard deprive plaintiffs of property without due process of law, plaintiffs allege that procedures employed as to them…

2Cases cited10 opinions

  1. Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
  2. Ex Parte PoreskySupreme Court of the United States · 1933
  3. D. H. Overmyer Co., Inc. of Ohio v. Frick Co.Supreme Court of the United States · 1972
  4. Phillips v. United StatesSupreme Court of the United States · 1941
  5. SWARB Et Al. v. LENNOX Et Al.Supreme Court of the United States · 1972

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3Cited by4 opinions

  1. Isbell v. County of SonomaCalifornia Supreme Court · 1978
  2. Coast to Coast Demolition & Crushing, Inc. v. Real Equity Pursuit, LLCNevada Supreme Court · 2010
  3. Hernandez v. CasillasDistrict Court, S.D. Texas · 1981
  4. Isbell v. County of SonomaCalifornia Supreme Court · 1978

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