Walcott v. Wells
Nevada Supreme Court
Original application for the writ of prohibition. The facts sufficiently appear in the opinion. I. The action was dismissed. The plaintiff filed a proper precipe of dismissal with the clerk on February 7, 1890, and the clerk did not demand fees until February 9, 1890, and not then as a condition precedent to filing or entering the dismissal.
Read the full summary
Original application for the writ of prohibition. The facts sufficiently appear in the opinion. I. The action was dismissed. The plaintiff filed a proper precipe of dismissal with the clerk on February 7, 1890, and the clerk did not demand fees until February 9, 1890, and not then as a condition precedent to filing or entering the dismissal. As to the necessitj' of the jirepayment of costs and the consequence of non-payment, see Hancock Ditch Go. v, Bradford, 13 Cal. 637; Tregambo v. Comanche M. & M. Co., 57 Cal. 501. It is admitted that the defendants mailed a copy of the answer to…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This is an application by the petitioner for a writ of prohibition to prevent the trial of the case of Walcott v. Watson et al. in the district court of White Pine county.
1. Petitioner claims that the court has no jurisdiction to try the case (1} because it has been dismissed; (2} that if not dismissed, it has been transferred to the circuit court of the United States.
The writ of prohibition is an extraordinary remedy, and should be issued only in cases of extreme necessity. Before it should issue, it must appear that the petitioner has applied to the inferior…
2Cases cited36 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- State v. CarrollSupreme Court of Connecticut · 1871
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- The People of N.C. Ex Rel . Norfleet v. . Staton, Jr.Supreme Court of North Carolina · 1875
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
31 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Mineral County v. STATE, DEPT. OF CONSERV.Nevada Supreme Court · 2001
- National Bank of Washington v. McCrillisWashington Supreme Court · 1942
- State ex rel. Harkness v. GleasonIndiana Supreme Court · 1918
- Bell v. First Judicial District CourtNevada Supreme Court · 1905
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
39 more not listed; retrieve them via the Exa API.