State ex rel. Jurich v. McFadden ex rel. White Pine County
Nevada Supreme Court
Original proceeding in certiorari by the State of Nevada, on the relation of Anthony Jurich, against C. J. McFadden, Judge of the Ninth Judicial District Court of the State of Nevada, in and for White Pine County. On motion to quash writ. The judgment of the lower court is in excess of jurisdiction and a proper subject for the writ of certiorari.
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Original proceeding in certiorari by the State of Nevada, on the relation of Anthony Jurich, against C. J. McFadden, Judge of the Ninth Judicial District Court of the State of Nevada, in and for White Pine County. On motion to quash writ. The judgment of the lower court is in excess of jurisdiction and a proper subject for the writ of certiorari. Radovich v. W. U. T. Co., 36 Nev. 343; Floyd v. District Court, 36 Nev. 349; State v. District Court, 147 Pac. 612; Miller v. Superior Court, 144 Pac. 978. The case having been regularly set, the court had no power to act further -in the matter,…
1Opinion of the Court
By the Court,
Sanders, J.:
This is an original proceeding in certiorari, growing out of the following facts:
Bill Margeas brought an action in the justice’s court of Ely Township No. 1, White Pine County, Nevada, against Anthony Jurich, to recover the sum of $100. Anthony Jurich, who is an attorney at law, answered in proper person, and, in addition to resisting the demand of the complaint, set up a counter-claim for $55. The j ustice of the peace rendered j udgment for costs in favor of Jurich, but denied recovery on his alleged counterclaim. Margeas appealed to the district court, where Jurich…
2Cases cited11 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Phillips v. WelchNevada Supreme Court · 1877
- Cook v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- Granger v. SherriffCalifornia Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Maheu v. Eighth Judicial District Court Ex Rel. County of Clark, Dept. No. 6Nevada Supreme Court · 1972
- State Ex Rel. Hinckley v. Sixth Judicial District CourtNevada Supreme Court · 1931
- State Ex Rel. Smith v. Sixth Judicial District Court of the State of NevadaNevada Supreme Court · 1946
- Smith v. TimmNevada Supreme Court · 1980
- Iveson v. Second Judicial District CourtNevada Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.