Legal Opinion

Brown v. Dunn

Nevada Supreme Court

Decided October 15, 1912No. 2040PublishedCited by 2 opinions

Appeal from the Seventh Judicial District Court, Esmeralda County; Mark R. Averill, Judge presiding. Primary election contest by Adams F. Brown against John H. Dunn and another, to determine the nomination for the office of justice of the peace of Goldfield township. Judgment for contestant, and defendant Dunn appeals. The facts sufficiently appear in the opinion. No parties plaintiff or defendant are designated and the petition should have been dismissed.

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Appeal from the Seventh Judicial District Court, Esmeralda County; Mark R. Averill, Judge presiding. Primary election contest by Adams F. Brown against John H. Dunn and another, to determine the nomination for the office of justice of the peace of Goldfield township. Judgment for contestant, and defendant Dunn appeals. The facts sufficiently appear in the opinion. No parties plaintiff or defendant are designated and the petition should have been dismissed. (Mexican Mill v. Yellow Jacket M. Co., 4 Nev. 40; Whitney v. Blackburn, 21 Pac. 876; Little v. Wrater Co., 9 Nev. 318; 31 Cyc. 631.) A…

1Per curiam

At the primary election held September 3 in Goldfield township, as candidates for the Democratic nomination for justice of the peace, Marvin Arnold received 278 votes, Adams F. Brown 287 votes, and John H. Dunn 288 votes, according to the canvass of returns made by the board of county commissioners on September 7. Thereupon Adams F. Brown gave notice in writing to the *169board that he would demand a recount of the ballots cast at the primary election on the following Monday, which would be within five days after the making of this canvass, and the board of county commissioners, then and there…

2Cases cited3 opinions

  1. Proprietors of the Mexican Mill v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
  2. Sweeney v. SchultesNevada Supreme Court · 1885
  3. Prezeau v. SpoonerNevada Supreme Court · 1894

3Cited by2 opinions

  1. Kirk v. ParsonsNevada Supreme Court · 1960
  2. McBride v. GriswoldNevada Supreme Court · 1914

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