State ex rel. Murphy v. Rising
Nevada Supreme Court
This was an origiual application to the Supreme Court for a writ of mandamus to compel the respondent, as judge of the first judicial district, Storey County, to try the defendant for the alleged offense of malicious mischief. The facts are stated in the opinion. I. The offense charged involves “a question of title to real property, or of the right to the possession thereof ” (1 Comp.
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This was an origiual application to the Supreme Court for a writ of mandamus to compel the respondent, as judge of the first judicial district, Storey County, to try the defendant for the alleged offense of malicious mischief. The facts are stated in the opinion. I. The offense charged involves “a question of title to real property, or of the right to the possession thereof ” (1 Comp. L. 2303), whenever the defendant sets up title and right of possession in himself to the real property charged to have been injured. (1 Comp. L. 1600.) II. The action of trespass for injury to real estate is…
1Opinion of the Court
By the Court,
Beatty, J.:
This is an application by the relators for a writ of mandamus. The facts briefly stated are as follows: The relators laid their complaint before a justice of the peace of Storey County, charging one Daniel Grant with the crime of malicious mischief committed by breaking a fence, the property of relators. A warrant was issued by the justice, Grant was arrested, pleaded not guilty, and his trial was proceeding before a jury, when it was made to appear to the satisfaction of the justice, from the testimony and the statements of counsel, that Grant and the prosecuting…
2Cited by7 opinions
- In Re CalvoNevada Supreme Court · 1927
- Gordon v. District Court of Fifth Judicial DistrictNevada Supreme Court · 1913
- In re DixonNevada Supreme Court · 1916
- Town of Gold Hill v. BrisacherNevada Supreme Court · 1879
- City of Reno v. DixonNevada Supreme Court · 1918
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