McKim v. District Court of the Second Judicial District ex rel. County of Washoe
Nevada Supreme Court
Original proceeding. In the matter of Smith H. McKim against the District Court of the Second Judicial District of the State of Nevada, and others. On a petition praying that respondents be required to permit petitioner to file a certain plea in abatement. The facts sufficiently appear in the opinion. I. ' Jurisdiction of subject of action may be challenged at any time by court of its own motion, by defendant or by stranger to suit. II.
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Original proceeding. In the matter of Smith H. McKim against the District Court of the Second Judicial District of the State of Nevada, and others. On a petition praying that respondents be required to permit petitioner to file a certain plea in abatement. The facts sufficiently appear in the opinion. I. ' Jurisdiction of subject of action may be challenged at any time by court of its own motion, by defendant or by stranger to suit. II. When lack of jurisdiction appears upon face of record, challenge may be by motion to dismiss or by demurrer. III. When such lack of jurisdiction does not…
1Opinion of the Court
By the Court,
Norcross, C. J.:
An action for divorce was instituted by Margaret E. McKim, as plaintiff, against Smith H. McKim, as defendant, in the Second Judicial District Court of the State of Nevada, in and for the County of Washoe, before Honorable W. H. A. Pike, district judge. The said defendant, petitioner herein, through his attorney, James Glynn, served notice upon the plaintiff, Margaret E. McKim, that upon a time certain he would move the said district court for an order permitting him to appear specially in the action for the purposes of filing a plea in abatement, raising the…
2Cases cited6 opinions
- Phillips v. WelchNevada Supreme Court · 1876
- Preston v. CulbertsonCalifornia Supreme Court · 1881
- Wells v. PattonSupreme Court of Kansas · 1893
- Preston v. Fidelity Trust & Safety Vault Co.Court of Appeals of Kentucky · 1893
- State ex rel. Baldwin v. Superior CourtWashington Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vaile v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2002
- Silverman v. SilvermanNevada Supreme Court · 1930
- Confer v. District CourtNevada Supreme Court · 1925
- Camino v. LewisNevada Supreme Court · 1930
- Vaile v. Dist. Ct.Nevada Supreme Court · 2002
2 more not listed; retrieve them via the Exa API.