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.
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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…
1Dissent
I dissent from the order denying a rehearing herein for the reasons mentioned in my original dissenting opinion in this case. The following authorities sustain the views therein stated: End. Interp. St. 194, citingMorisse v. Royal British Bank, 1 C. B. (N.S.) 67; Wallace v. Blackwell, 3 Drew. 538;Rex v. Dove, 3 Barn. Ald. 596; andPowers v. Shepard, 48 N. Y. 540. Also Sections 567-569, and Section 490 of Endlich; Suth St. Const. 137, and cases cited; also Section 161.
Endlich, in said Section 194, says: "It has been held that where a statute merely reenacts the provision of an earlier one it is…
2Cases cited7 opinions
- Powers v. . ShepardNew York Court of Appeals · 1872
- Valsain v. CloutierSupreme Court of Louisiana · 1831
- Denton v. ErwinSupreme Court of Louisiana · 1850
- Nathan v. LeeSupreme Court of Louisiana · 1823
- Herman v. SpriggSupreme Court of Louisiana · 1825
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