Peters v. Jones
Nevada Supreme Court
Appeal from the First Judicial District Court, Ormsby County; C. E. Macb, Judge. Action between Charles H. Peters and John P. Jones. From an order changing the place of trial, Peters appealed. • I. An order changing the place of trial of a cause is an appealable order. (Practice Act of 1861; Stats. 1861, sec. 285, p. 363; Comp. Laws, 2513; Table Mt. Co. v. Waller’s-Defeat- 31. Go., 4 Nev. 220; Elamy. Griffin, 19 Nev. 442; Sup. Ct. Rule XXIII, Nev. Repts. vols. 3-24.) II.
Read the full summary
Appeal from the First Judicial District Court, Ormsby County; C. E. Macb, Judge. Action between Charles H. Peters and John P. Jones. From an order changing the place of trial, Peters appealed. • I. An order changing the place of trial of a cause is an appealable order. (Practice Act of 1861; Stats. 1861, sec. 285, p. 363; Comp. Laws, 2513; Table Mt. Co. v. Waller’s-Defeat- 31. Go., 4 Nev. 220; Elamy. Griffin, 19 Nev. 442; Sup. Ct. Rule XXIII, Nev. Repts. vols. 3-24.) II. Under the old practice act of 1861 (p. 363, sec. 285) the right of appeal was limited to " an order refusing to change the…
1Opinion of the Court
This is an appeal from an order changing the place of trial of this action.
Under our former practice act, as amended in 1865 (Stats. 1865, p. 111), an order granting or refusing to change the place of trial of an action or proceeding was appealable to this court. (Section 2513, Comp. Laws; Table MountainGold Silver Min. Co. v. Waller's Defeat SilverMin. Co., 4 Nev. 218, 97 Am. Dec. 526.)
When the present practice act was adopted in 1869, it was provided in the first section of title 9, upon the subject of appeals in civil actions, that "a judgment or order in a civil action except when…
2Cases cited3 opinions
- Table Mountain Gold & Silver Mining Co. v. Waller's Defeat Silver Mining Co.Nevada Supreme Court · 1868
- Elam v. GriffinNevada Supreme Court · 1887
- State v. ShawNevada Supreme Court · 1892
3Cited by1 opinion
- State ex rel. Pacific Reclamation Co. v. DuckerNevada Supreme Court · 1912