State ex rel. Freyesleben v. Ninth Judicial District Court
Nevada Supreme Court
Original PROCEEDING in mandamus by the State, on the relation of F. Freyesleben, Austro-Hungarian Consul, against the Ninth Judicial District Court in and for the county of,White Pine, and another. It is the duty of respondent to receive the petition of relator and to pass upon the evidence submitted. A consideration of the evidence will disclose that it is the- imperative' duty of respondent to remove the administrator of the estate.
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Original PROCEEDING in mandamus by the State, on the relation of F. Freyesleben, Austro-Hungarian Consul, against the Ninth Judicial District Court in and for the county of,White Pine, and another. It is the duty of respondent to receive the petition of relator and to pass upon the evidence submitted. A consideration of the evidence will disclose that it is the- imperative' duty of respondent to remove the administrator of the estate. (Rev. Laws, 6097.) When a court refuses jurisdiction of a subject-matter properly before it for' determination, mandamus is the proper remedy. (State v. Moran,…
1Opinion of the Court
By the Court,
McCarran, J.:
This is an original proceeding in mandamus.
On November 22, 1911, one A. B. Witcher, of Ely, White Pine County,- Nevada, was appointed administrator of the estate of Thomas Odolovich, deceased. Subsequently, proceedings were instituted in the lower court, by and through the representatives of the Austro-Hungarian consul, for the removal of the administrator theretofore *165appointed, and for the appointment of J. B. Dixon, Esq. The petition presented in the lower court for the removal of the administrator sets up, among other things, the assumption of control by A. B.…
2Cases cited7 opinions
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- San Pedro, Los Angeles & Salt Lake Railroad v. BaileyNevada Supreme Court · 1909
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- People ex rel. Denison v. ButlerSupreme Court of Colorado · 1897
- State ex rel. Elliott v. GuerreroNevada Supreme Court · 1877
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3Cited by11 opinions
- State v. RuggeriUtah Supreme Court · 1967
- Wilmurth v. First Judicial District CourtNevada Supreme Court · 1964
- Pinana v. Second Judicial District CourtNevada Supreme Court · 1959
- State ex rel. Weber v. McFaddenNevada Supreme Court · 1922
- State ex rel. Lawton v. Public Service CommissionNevada Supreme Court · 1920
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