Levy v. Elliott
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts appear in the opinion, The power to issue the writ is expressly enumerated in the statute, and this by implication carries the power to do everything necessary to the issuance of the writ. Any other interpretation would destroy the act and overthrow the intention of the law-makers. The act in terms only provides that the writ may issue. The law grants the right to have the writ issue.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts appear in the opinion, The power to issue the writ is expressly enumerated in the statute, and this by implication carries the power to do everything necessary to the issuance of the writ. Any other interpretation would destroy the act and overthrow the intention of the law-makers. The act in terms only provides that the writ may issue. The law grants the right to have the writ issue. It therefore grants also the right to do all things necessary to that end. Sunday laws are declared to be founded on…
1Opinion of the Court
By tbe Court,
Beatty, O. J.:
This action was, on motion of tbe defendant, dismissed by tbe district court, on tbe ground that tbe proceedings were void by reason of tbe fact that tbe complaint was filed and summons issued on Sunday.
Tbe plaintiff appeals from tbe judgment of dismissal, and tbe only questions in tbe case are:
1. Can an attachment suit be commenced in this state on Sunday ?
2. If so, did tbe plaintiff in this case make a proper affidavit to entitle bim to tbe privilege ?
Tbe fiftieth section of tbe act concerning courts of justice, etc. (0. L. sec. 955), is as follows:
“ Section 50.…
2Cited by4 opinions
- In re BreckenridgeNevada Supreme Court · 1911
- Andrews v. CookNevada Supreme Court · 1905
- Nevada First National Bank v. LambNevada Supreme Court · 1928
- Wong Kee v. LillisNevada Supreme Court · 1914