Phillips v. Snowden Placer Co.
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action to foreclose a mechanic’s lien by George A. Phillips against the Snowden Placer Company and others, in which Charles 0. Dahlstrom and Louie Amedeo,' lien-holders, were permitted to intervene. Judgment in the district court in a trial de novo on appeal from a justice’s court, in favor of the plaintiff and the interveners. Motion for new trial denied, and defendants appeal.
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Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action to foreclose a mechanic’s lien by George A. Phillips against the Snowden Placer Company and others, in which Charles 0. Dahlstrom and Louie Amedeo,' lien-holders, were permitted to intervene. Judgment in the district court in a trial de novo on appeal from a justice’s court, in favor of the plaintiff and the interveners. Motion for new trial denied, and defendants appeal. Coleman, J., dissenting in part. Statement of Facts This case involves the foreclosure of a mechanic’s lien in the sum of $200 claimed…
1Opinion of the Court
By the Court,
NORCROSS, C. J.:
After two trials in the justice court and a trial de novo in the district court on appeal from the judgment of the justice's court, the question of the jurisdiction of the justice’s court to try the case originally, and of the district court to try the case as on appeal, is raised for the first time on appeal to this court. The question, however, is one of great importance, not only to the parties to the present action, but because it goes to a matter of procedure based on the organic law of the state.
1. Section 8 of article 6 of the state constitution, in part,…
2Cases cited13 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Lonkey v. WellsNevada Supreme Court · 1881
- State ex rel. Lewis v. DoronNevada Supreme Court · 1870
- Mars v. McKayCalifornia Supreme Court · 1859
- Daly v. Lahontan Mines Co.Nevada Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Petrakis v. KrasnowNew Mexico Supreme Court · 1949
- Salitan v. DashneyOregon Supreme Court · 1959
- Milner v. ShueyNevada Supreme Court · 1936
- State ex rel. Abel v. BreenNevada Supreme Court · 1918
- Didier v. Webster Mines CorporationNevada Supreme Court · 1925
6 more not listed; retrieve them via the Exa API.