Walser v. Moran
Nevada Supreme Court
Petition for writ of prohibition by Mark Walser and another against Thomas F. Moran, as District Judge of the Second Judicial District of the State of Nevada. The practice act alone prescribes the rules by which the sufficiency of pleadings shall be determined. Rev. Laws, 5036; McKim v. District Court, 33 Nev. 44. Only causes of action can be joined which the statute authorizes.
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Petition for writ of prohibition by Mark Walser and another against Thomas F. Moran, as District Judge of the Second Judicial District of the State of Nevada. The practice act alone prescribes the rules by which the sufficiency of pleadings shall be determined. Rev. Laws, 5036; McKim v. District Court, 33 Nev. 44. Only causes of action can be joined which the statute authorizes. State v. Yellow Jacket S. M. Co., 14 Nev. 220. All of the causes joined must belong to one of the classes created by the statute. Rev. Laws, 5039; 14 St. Enc. Proc. 671; 1 C. J. 1074, 1077, 1081; De Wolfe v. Abraham,…
1Opinion of the Court
*118By the Court,
Sanders, J.:
The petitioners ask for writ of prohibition to restrain the Second judicial court of the State of Nevada, in and for the county of Washoe, from proceeding to try a civil action pending therein against the petitioners, upon the ground that the said court, unless restrained, will transcend the limits of its jurisdiction. Upon the filing of the petition an order to show cause was issued, and the return thereon consists of a general demurrer and answer; both raising the question whether the facts alleged show any excess of jurisdiction for which the petitioners have no…
2Cases cited10 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1879
- Hayne v. Justice's CourtCalifornia Supreme Court · 1889
- Low v. Crown Point Mining Co.Nevada Supreme Court · 1866
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3Cited by8 opinions
- Goicoechea v. Fourth Judicial District Court Ex Rel. County of ElkoNevada Supreme Court · 1980
- State Ex Rel. Culinary Workers Union, Local No. 226 v. Eighth Judicial District CourtNevada Supreme Court · 1949
- Fuchs v. Parsons Construction CompanyNebraska Supreme Court · 1958
- Shelton v. Second Judicial District Court of the State of Nevada Ex Rel. County of WashoeNevada Supreme Court · 1947
- Seaborn v. First Judicial District CourtNevada Supreme Court · 1934
3 more not listed; retrieve them via the Exa API.