Victor Mill & Mining Co. v. Justice Court of Township No. 18
Nevada Supreme Court
Application for writ of certiorari. The facts are stated in the opinion. I. The affidavit for publication is wholly insufficient. It is not shown that service of summons upon the defendant could not be made in accordance with the provisions of section 1092, Comp. Laws. In granting the order for publication the justice acts judicially, and can know nothing about the facts upon which the order is to be granted except from the affidavit.
Read the full summary
Application for writ of certiorari. The facts are stated in the opinion. I. The affidavit for publication is wholly insufficient. It is not shown that service of summons upon the defendant could not be made in accordance with the provisions of section 1092, Comp. Laws. In granting the order for publication the justice acts judicially, and can know nothing about the facts upon which the order is to be granted except from the affidavit. (Rickeison v. Richardson, 26 Cal. 154.) The affidavit must show whether the residence of defendant is known; if known, the residence must be stated, and if…
1Opinion of the Court
By the Court,
Leonard, J.:
The petitioner seeks to review, by certiorari, the action of respondent in an action entitled A. Hassett, Plaintiff, v. Victor Mill & Mining Company, Defendant, wherein judgment by default was rendered and entered of record against the defendant therein, November 17, 1881, for the sum of two hundred and seventy-three dollars damages, besides eighty-seven dollars-and forty-one cents interest, and forty dollars and ten cents costs. It is alleged in the petition, among other things, that the defendant in said action was never served with summons or complaint; that no…
2Cases cited4 opinions
- Scorpion Silver Mining Co. v. MarsanoNevada Supreme Court · 1875
- California State Telegraph Co. v. PattersonNevada Supreme Court · 1865
- Little v. CurrieNevada Supreme Court · 1869
- Huguet v. OwenNevada Supreme Court · 1865
3Cited by8 opinions
- Confer v. District CourtNevada Supreme Court · 1925
- Perry v. District Court of the Seventh Judicial District of the State of Nevada ex rel. County of EsmeraldaNevada Supreme Court · 1918
- Coffin v. BellNevada Supreme Court · 1894
- Cohen v. Portland Lodge No. 142U.S. Circuit Court for the District of Oregon · 1906
- Miller v. MillerNevada Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.