Hilton v. Second Judicial District Court ex rel. County of Washoe
Nevada Supreme Court
Application by Albert B. Hilton for certiorari to review an action of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe, and Thomas F. Mpran, Judge thereof. Coleman, C. J., dissenting. An amended pleading supersedes the original and renders it functus officio.
Read the full summary
Application by Albert B. Hilton for certiorari to review an action of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe, and Thomas F. Mpran, Judge thereof. Coleman, C. J., dissenting. An amended pleading supersedes the original and renders it functus officio. McFadden v. Ellsworth, 8 Nev. 57; Reihl v. Likowski, 33 Kan. 515. “Where pleadings are amended, they take the place of the original, and all subsequent proceedings in the case are based upon the amended pleadings.” Armstrong v. Henderson, 102 Pac. 361; Evinger v. Moran, 14 Cal. App. 328; Barber…
1Opinion of the Court
By the Court,
Sanders, J.:
Upon the application of Albert B. Hilton, in the form of a verified petition, this court, without requiring notice of the application to be given the adverse party or an order to show cause, issued a writ of certiorari.
The facts in brief are as follows:
Albert B. Hilton commenced an action for an absolute divorce against his wife, Katherine C. Hilton, in the above-named respondent court, upon the grounds of cruelty and desertion. The defendant wife, after denying all the allegations of the complaint, except the averment of the residence of the plaintiff and the…
2Cases cited8 opinions
- People v. ParksCalifornia Supreme Court · 1881
- Coulthurst v. CoulthurstCalifornia Supreme Court · 1881
- Hardy v. HardyCalifornia Supreme Court · 1893
- Pollock v. CummingsCalifornia Supreme Court · 1869
- Sharp v. MillerCalifornia Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Everly v. Knoxville Community School DistrictSupreme Court of Iowa · 2009
- Ex Parte Hernreich v. QuinnSupreme Court of Missouri · 1943
- Sauvageau v. SauvageauIdaho Supreme Court · 1938
- Great American Insurance v. PetersSupreme Court of Florida · 1932
- Lemp v. LempNevada Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.