Legal Opinion

Leonard v. Peacock

Nevada Supreme Court

Decided January 15, 1873PublishedCited by 6 opinions

Appeal from tbe District Court of tbe Second Judicial District, Wasboe County. • Tbe plaintiff, as will be seen by reference to tbe case of Peaco'clc y. Leonard on certiorari, reported arde, p. 84, commenced a forcible entry suit against defendant before a justice of tbe peace and recovered judgment. Defendant appealed to the district court and on another trial there plaintiff again recovered judgment.

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Appeal from tbe District Court of tbe Second Judicial District, Wasboe County. • Tbe plaintiff, as will be seen by reference to tbe case of Peaco'clc y. Leonard on certiorari, reported arde, p. 84, commenced a forcible entry suit against defendant before a justice of tbe peace and recovered judgment. Defendant appealed to the district court and on another trial there plaintiff again recovered judgment. Defendant then sued out from the Supreme Court a writ of certiorari for the purpose of reviewing the proceedings of the district court; and the Supreme Court adjudged that all the proceedings…

1Opinion of the Court

By the Court,

Whitman, C. J.:

‘In Peacock v. Leonard, ante, p. 81, it was held upon certiorari that the court of the justice where the suit was brought and the district court to which it was appealed had each and both exceeded their jurisdiction; and the judgment of the court was “that the proceedings had and judgment entered in the above entitled cause by the district court of the second judicial district in and for Washoe County, State of Nevada, be and the same are hereby annulled and set aside.”

By statute it is provided in such case that “a copy of the judgment, signed by the clerk, shall…

2Cited by6 opinions

  1. Dryden v. SwinburnWest Virginia Supreme Court · 1879
  2. State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
  3. López Zárate v. VillavasoSupreme Court of Puerto Rico · 1907
  4. Mazade v. Justice's Court of Goldfield TownshipNevada Supreme Court · 1918
  5. Ormsby County v. KearneyNevada Supreme Court · 1914

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