State Ex Rel. Thompson v. Second Judicial District Court
Nevada Supreme Court
Original proceeding. ‘ Application for writ of certiorari by William Thompson to the Second Judicial District Court of the State of Nevada, in and for Washoe county; A. E. Qheney, District Judge. The facts sufficiently appear in the opinion. I. Certiorari will not be allowed to usurp the functions of a writ of error, but will be restricted to inquiries of jurisdiction.
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Original proceeding. ‘ Application for writ of certiorari by William Thompson to the Second Judicial District Court of the State of Nevada, in and for Washoe county; A. E. Qheney, District Judge. The facts sufficiently appear in the opinion. I. Certiorari will not be allowed to usurp the functions of a writ of error, but will be restricted to inquiries of jurisdiction. (Gen. Stats. 3464; 4 Ency. of Pleading and Practice, 127; Phillips v. Welch, 12 Nev. 158; Fall v. Commissioners, 6 Nev. 100; Buckley v. Superior Court, 96 Cal. 119.) II. The court, respondent herein, had jurisdiction to hear…
1Opinion of the Court
By the Court,
Belknap, .J.:
Torreyson & Summer field recovered judgment against William Thompson- for $298 25 in justice’s court of Reno township. Thompson appealed to the district court.
Upon the appeal plaintiffs recovered judgment for the sum of $198 25. The district court apportioned the costs • between the parties. Relator claims that the action of the court in the matter of costs was in excess of its jurisdiction, and at his instance a writ of certiorari has been issued to review its action.
The section of the statute touching appeals from justice’s courts is as follows:
“Section 582. All…
2Cases cited2 opinions
- In re WixomNevada Supreme Court · 1877
- State ex rel. Quinn v. District Court of the Second Judicial DistrictNevada Supreme Court · 1881
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- Kapp v. District Court of the Seventh Judicial DistrictNevada Supreme Court · 1909
- State Ex Rel. Cohn v. First Judicial District CourtNevada Supreme Court · 1901
- State ex rel. Allen Clark Co. v. MoranNevada Supreme Court · 1919
- Wolf v. Justice of the PeaceNevada Supreme Court · 1924