State Ex Rel. Hoppin v. Cheney
Nevada Supreme Court
Original proceeding. Application for writ of mandate by tbe State, on relation of Maria P. Hoppin, against A. E. Cheney, Judge of the Second Judicial District Court, in and for Humboldt county. The facts sufficiently appear in the opinion. I. Mandamus is the proper remedy if the judge of the district court has power to correct the statement on motion for new trial on his own motion, or to use the amendments proposed, for that purpose. (Keane v. Murphy, 19 Nev. 89.) II.
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Original proceeding. Application for writ of mandate by tbe State, on relation of Maria P. Hoppin, against A. E. Cheney, Judge of the Second Judicial District Court, in and for Humboldt county. The facts sufficiently appear in the opinion. I. Mandamus is the proper remedy if the judge of the district court has power to correct the statement on motion for new trial on his own motion, or to use the amendments proposed, for that purpose. (Keane v. Murphy, 19 Nev. 89.) II. Hayne on New Trial and Appeal, sec. 148, says: * * * “ But it is his duty to make the statement conform to the truth, and…
1Opinion of the Court
By the Court,
Massey, J.:
The relator obtained a judgment and decree of foreclosure on the 21st day of June, 1897, against certain parties in the District Court of the Second Judicial District, in and for Humboldt county, by which it was decreed that the rights and interests of the First National Bank of Winnemucca, one of the defendants in the mortgaged premises, were subject and subordinate to the lien of relator’s mortgage. Thereupon the bank gave notice of intention to move for a new trial, and by order of court it was given twenty days additional time in which to file its statement on…
2Cases cited2 opinions
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Elder v. FrevertNevada Supreme Court · 1884
3Cited by8 opinions
- Walsh v. WallaceNevada Supreme Court · 1902
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
- Ex Rel. Gray v. Second Judicial District CourtNevada Supreme Court · 1929
- Linville v. ScheelineNevada Supreme Court · 1908
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