McDonald v. Prescott
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Hon. E. F. Dunne presiding. The testimony that the constable’s return was false should have been admitted. (Baker v. McDuffie, 23 Wend. 289 ; Crocker on Sheriffs, p. 27, Sec. 45 ; Phil, on Ev., Cow. & Hd. 2 Pt., p. 296; Dubois v. Dubois, 2 Wend. 418, 3 Monroe, 349; Serrón v. Sughes, 25 Cal. 563.) The return may be attached even between the parties when the whole proceedings are void.
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Appeal from the District Court of the Sixth Judicial District, Hon. E. F. Dunne presiding. The testimony that the constable’s return was false should have been admitted. (Baker v. McDuffie, 23 Wend. 289 ; Crocker on Sheriffs, p. 27, Sec. 45 ; Phil, on Ev., Cow. & Hd. 2 Pt., p. 296; Dubois v. Dubois, 2 Wend. 418, 3 Monroe, 349; Serrón v. Sughes, 25 Cal. 563.) The return may be attached even between the parties when the whole proceedings are void. (2 Cow & H. ^ Notes to Phil, on Ev., p. 799, 8 Green. 207.) The judgment of the Justice of the Peace was fatally defective, no summons or service…
1Opinion of the Court
Opinion by
Beatty, J., full Bench concurring.
This was an action instituted to recover certain personal property. Plaintiff alleges that prior to and on the tenth of October, 1865, he was the owner of and in the possession of certain chattels; that on that day they were taken out of his possession by defendants.
Defendants for answer first deny that plaintiff was the owner of the goods sued for on the day stated, or on any other day; secondly, defendants aver the goods in controversy were the property of the Sheba Company, and justify the taking under an execution sued out from the District…
2Cases cited1 opinion
- Lowe v. AlexanderCalifornia Supreme Court · 1860
3Cited by4 opinions
- Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
- State ex rel. Jones v. BonnerNevada Supreme Court · 1919
- Wong Kee v. LillisNevada Supreme Court · 1914
- State Ex Rel. Wood v. HaegerNevada Supreme Court · 1934