Andrews v. Cook
Nevada Supreme Court
Certiorari by W. M. Cook to review tbe action of the First Judicial District Court for Ormsby County in dismissing an appeal to such court from a judgment of a justice in an action against petitioner by S. M. Andrews. The facts sufficiently appear in the opinion.
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Certiorari by W. M. Cook to review tbe action of the First Judicial District Court for Ormsby County in dismissing an appeal to such court from a judgment of a justice in an action against petitioner by S. M. Andrews. The facts sufficiently appear in the opinion. I. Two points only are involved in the petition — the construction of rule 37 of the district court, and whether certiorari is the proper remedy: Rule 37. "When an appeal from the justice’s court to this court has been perfected, and the papers are not filed in this court within fifteen days from the day of filing the undertaking on…
1Opinion of the Court
By the Court,
Norcross, J.:
Petitioner appealed to the first' judicial district court in and for Ormsby County from a judgment rendered against him and in favor of the plaintiff, Andrews, in the justice court of Ormsby County. The papers upon appeal were duly filed by the justice with the clerk of the district court. Thereafter, upon motion of counsel for the respondent, and upon a showing that the costs of the justice had not been paid, the district court made an order dismissing the appeal, basing its order on an erroneous construction of rule 37 of the district courts, which rule reads as…
2Cases cited7 opinions
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- People ex rel. Sayer v. GarnettIllinois Supreme Court · 1889
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