Humboldt Mill & Mining Co. v. Terry
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are stated in the opinion of the Court. I. There was no valid or sufficient judgment entered by the clerk upon the statement of confession. There was no judgment entered upon the statement. There was no judgment entered in the judgment book. There was no judgment roll. (1 Comp.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are stated in the opinion of the Court. I. There was no valid or sufficient judgment entered by the clerk upon the statement of confession. There was no judgment entered upon the statement. There was no judgment entered in the judgment book. There was no judgment roll. (1 Comp. Laws, sees. 1208, 1264, 1420-22; Freeman on Judgments, secs. 47, 50-52; 3 Clark, 474, 480; 3 Wis. 362-4; 39 111. 9-13; 20 Ala. 298; 13 How. Pr. 289; 3 Or. 406-411; 54111. 189.) ■ II. The court has jurisdiction to restrain the…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This action was instituted by appellant to enjoin the sale of certain property purchased by it from J. Ginaca and A. Gintz, which the respondent Nash, as sheriff, was proceeding to sell under and by virtue of a writ of execution, issued upon a judgment obtained by respondents, Terry, Friend and Doane, against said Ginaca and Gintz, prior to the sale of the property to appellant, upon the ground that said respondents had no valid judgment against said Ginaca and Gintz.
Bespondents interposed a demurrer to the complaint, upon the ground that it did not state facts…
2Cases cited4 opinions
- Felter v. MullinerNew York Supreme Court · 1807
- Lynch v. KellyCalifornia Supreme Court · 1871
- Perkins v. Sierra Nevada Silver Mining Co.Nevada Supreme Court · 1876
- Stowers v. MilledgeSupreme Court of Iowa · 1855
3Cited by7 opinions
- Silva v. Second Judicial District Court of the State of NevadaNevada Supreme Court · 1937
- In re BreckenridgeNevada Supreme Court · 1911
- Terry v. BerryNevada Supreme Court · 1878
- Coast to Coast Demolition & Crushing, Inc. v. Real Equity Pursuit, LLCNevada Supreme Court · 2010
- IN RE: BRYCE MONTIERTH (NRAP 5)Nevada Supreme Court · 2015
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