Legal Opinion

O'Donnell v. Sixth Judicial District Court

Nevada Supreme Court

Decided April 15, 1917No. 2275PublishedCited by 17 opinions

Original proceeding for prohibition by Ellen C. O’Donnell against the Sixth Judicial District Court of the State of Nevada in and for .Humboldt County, and others.

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Original proceeding for prohibition by Ellen C. O’Donnell against the Sixth Judicial District Court of the State of Nevada in and for .Humboldt County, and others. We will not dispute the proposition that the right of appeal is one based on statute, but the statutes of this state positively and in unequivocal terms provide for an appeal in cases like the one at bar; and it makes no difference whether it be .a "special proceeding” or an "action”; it is either one or the other. ''An appeal may be taken from a final judgment in an action or special proceeding commenced in the court in which the…

1Opinion of the Court

By the Court,

Sanders, J.:

Ellen C. O’Donnell was declared by a judgment of the district court for Humboldt County to be mentally incompetent, by reason of extreme old age, to manage her property, and by the judgment Chris Wolf, public administrator of said county, was appointed guardian for her estate, alleged to consist of 400 acres of land in said county and $8,500 in money, represented by two certificates of deposit in a local bank at Winnemucca, Nevada. She gave notice of appeal to this court from the judgment and an order overruling her motion for a new trial, and filed an undertaking on…

2Cases cited6 opinions

  1. Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
  2. State ex rel. Sparks v. State Bank & Trust Co.Nevada Supreme Court · 1913
  3. Howard v. RichardsNevada Supreme Court · 1866
  4. In re MossCalifornia Supreme Court · 1898
  5. In re Estate of WoodsCalifornia Supreme Court · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Gottwals v. RencherNevada Supreme Court · 1939
  2. Thompson v. First Judicial District CourtNevada Supreme Court · 1984
  3. White v. Warden, Nevada State PrisonNevada Supreme Court · 1980
  4. Davis v. CampbellArizona Supreme Court · 1922
  5. Gallup Southwestern Coal Co. v. Gallup American Coal Co.New Mexico Supreme Court · 1934

12 more not listed; retrieve them via the Exa API.

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