Great Western Land & Cattle Corp. v. Sixth Judicial District Court

OPINION

By the Court,

Collins, C. J.:

Petitioner seeks a Writ of Prohibition prohibiting respondent court from proceeding with trial of its complaint and the counterclaim of Noel McElhaney in Civil Action No. 3189 pending in that court, for want of prosecution under NRCP 41(c) and (e), and to vacate or modify its order and judgment allowing defendant McElhaney costs and attorney fees against petitioner. We conclude the writ should issue.

Petitioner, as plaintiff, sued McElhaney on a civil cause of action in respondent court in April, 1964. McElhaney answered and counterclaimed in May, 1964, but…