Flanigan v. Burritt
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by P. L. Flanigan against Charles H. Burritt for a peremptory writ of mandamus. A demurrer to the complaint was overruled, and from a denial of leave to answer to the merits, and a judgment for plaintiff, defendant appeals. In all cases in regard to writs of certiorari, mandamus, and prohibition, the practice act is applicable to and governs proceedings in those matters.
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Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by P. L. Flanigan against Charles H. Burritt for a peremptory writ of mandamus. A demurrer to the complaint was overruled, and from a denial of leave to answer to the merits, and a judgment for plaintiff, defendant appeals. In all cases in regard to writs of certiorari, mandamus, and prohibition, the practice act is applicable to and governs proceedings in those matters. Section 5712, Revised Laws, provides: "Except as otherwise provided in the three chapters next preceding, the provisions of this code…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This action was instituted in the district court by and on behalf of respondent for a peremptory writ of mandamus. On the day designated for the return, the appellant here appeared and filed a demurrer to the complaint. On the hearing the court made an order overruling the demurrer. Immediately after the entry of the order, and in open court, it appears that appellant attempted to file an answer to the merits of the complaint or petition for mandamus. Respondent objected to the filing of the instrument, and the court sustained the objection, and refused to permit…
2Cases cited21 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- State ex rel. Haberlan v. LoveNebraska Supreme Court · 1911
- State ex rel. Curtis v. McCulloughNevada Supreme Court · 1867
- Illinois Central Railroad v. PeopleIllinois Supreme Court · 1892
- State ex rel. Piper v. GraceyNevada Supreme Court · 1876
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3Cited by3 opinions
- Robbins v. Joint Class A. School Dist. No. 331Idaho Supreme Court · 1952
- Gulbranson v. City of SparksNevada Supreme Court · 1973
- CITY OF RENO v. DIST. CT. (CONRAD) (CIVIL)Nevada Supreme Court · 2026