Yowell v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of Elko
Nevada Supreme Court
Original proceeding. Application for certiorari .by Thomas Yowell against the District Court of the Fourth Judicial District, in and for the County of Elko, and E. J. L. Taber, Judge of said District Court, to review an order denying petitioner’s motion to dismiss an appeal from a justice court. This court should order the appeal dismissed, with the petitioner’s costs herein incurred.
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Original proceeding. Application for certiorari .by Thomas Yowell against the District Court of the Fourth Judicial District, in and for the County of Elko, and E. J. L. Taber, Judge of said District Court, to review an order denying petitioner’s motion to dismiss an appeal from a justice court. This court should order the appeal dismissed, with the petitioner’s costs herein incurred. The Fourth judicial district court never acquired jurisdiction of the cause or of the appeal, and erred in denying petitioner’s motion to dismiss and in setting the case for trial de novo. Notice of exception to…
1Opinion of the Court
By the Court,
McCarran, J.:
This is a proceeding in certiorari. Petitioner herein obtained a judgment in the justice court of Metropolis township, in Elko County, for the sum of $100, together with costs in the sum of $31 and attorney’s fees. A notice of appeal was filed in the justice court by the defendant in the action, the party against whom the judgment was rendered, and an undertaking on appeal, with two sureties, was filed. Petitioner filed and served a notice of exception to the sufficiency of the sureties on the appeal bond. It appears from the record that the sureties on said appeal…
2Cases cited8 opinions
- Coker v. Superior CourtCalifornia Supreme Court · 1881
- Floyd v. District Court of the Sixth Judicial DistrictNevada Supreme Court · 1913
- Hoffman v. LewisUtah Supreme Court · 1906
- McCracken v. Superior CourtCalifornia Supreme Court · 1890
- Moffat v. GreenwaltCalifornia Supreme Court · 1891
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3Cited by6 opinions
- Iveson v. Second Judicial District CourtNevada Supreme Court · 1949
- Holmes v. Second Judicial District CourtNevada Supreme Court · 1938
- Hough v. Roberts Mining & Milling Co.Nevada Supreme Court · 1938
- State Ex Rel. Collins v. District Court of Eighth Judicial DistrictNevada Supreme Court · 1933
- Hough v. Roberts Mining & Milling Co.Nevada Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.