Legal Opinion

Roy v. Whitford

Nevada Supreme Court

Decided July 15, 1874PublishedCited by 6 opinions

Certiorari before the Supreme Court. The defendant was justice of the peace of G-enoa Township in Douglas County. It appeared that two suits were commenced in his court ou June 11, 1874, against J. S. Roy and J. Copies, one by G. W. Gallanan for $156, and the other by C. A. Decatur for $230 75. At the time of commencing said suits, an affidavit was filed in each case as follows: “ Title of court and case.] “State oe Nevada, ) County of Douglas, j “ G. Walter Gallanan, being…

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Certiorari before the Supreme Court. The defendant was justice of the peace of G-enoa Township in Douglas County. It appeared that two suits were commenced in his court ou June 11, 1874, against J. S. Roy and J. Copies, one by G. W. Gallanan for $156, and the other by C. A. Decatur for $230 75. At the time of commencing said suits, an affidavit was filed in each case as follows: “ Title of court and case.] “State oe Nevada, ) County of Douglas, j “ G. Walter Gallanan, being duly sworn, deposes and says that, of his own knowledge, he knows the defendant now resides out of this State and in the…

1Opinion of the Court

By the Court,

Whitman, O. J.:

The petitioners seek to review the action of defendant, a justice of the peace, by certiorari, time for appeal having lapsed without their fault. They are non-residents of the State of Nevada, and were sued in Genoa Township, Douglas County. This action, it is claimed, was beyond the jurisdiction of the justice, as defined by section 511 of the Practice Act. The evident purpose of the section cited is to cover residents of the State; while the equally evident purpose of section 30 is to reach non-residents. Construing these sections together, as parts of the same…

2Cases cited1 opinion

  1. Little v. CurrieNevada Supreme Court · 1869

3Cited by6 opinions

  1. Chapman v. Justice Court of Tonopah TownshipNevada Supreme Court · 1906
  2. Camino v. LewisNevada Supreme Court · 1930
  3. Pratt v. StoneNevada Supreme Court · 1900
  4. Wong Kee v. LillisNevada Supreme Court · 1914
  5. Fitchett v. HenleyNevada Supreme Court · 1909

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