Pratt v. Stone
Nevada Supreme Court
Original proceeding. Certiorari by Zenas Pratt against W. H. Stone, as Justice of the Peace, to annul certain judgments. The facts sufficiently appear in the opinion. I. “If a judgment be rendered by a justice of the peace in a case in which he has acquired no jurisdiction, his action is void; and, where there is no other plain, speedy and adequate remedy, it will be annulled on certiorari.” (Roy v. Whitford, 9 Nev. 370; Wiggins v. Anderson, 22 Nev. 103.) II.
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Original proceeding. Certiorari by Zenas Pratt against W. H. Stone, as Justice of the Peace, to annul certain judgments. The facts sufficiently appear in the opinion. I. “If a judgment be rendered by a justice of the peace in a case in which he has acquired no jurisdiction, his action is void; and, where there is no other plain, speedy and adequate remedy, it will be annulled on certiorari.” (Roy v. Whitford, 9 Nev. 370; Wiggins v. Anderson, 22 Nev. 103.) II. The affidavits for the order for publication of the summons in all three of the cases brought to this honorable court for review are…
1Opinion of the Court
By the Court,
Bonnieield, C. J.:
In an action brought before respondent, as justice of the peace of Carson township, Ormsby county, wherein O. E. Wylie and Ed. J. Walsh were plaintiffs, and Zenas Pratt, the petitioner was defendant, judgment by default was given against said petitioner for $56 99 and costs.
The petitioner seeks, by certiorari, to have said judgment declared null and void, on the ground that respondent exceeded his jurisdiction in giving the same.
The justice made an order for the publication of the summons, and directed that a copy of the summons and complaint be deposited, in…
2Cases cited6 opinions
- Ligare v. California Southern RailroadCalifornia Supreme Court · 1888
- Martin v. District Court of the First DistrictNevada Supreme Court · 1878
- Little v. CurrieNevada Supreme Court · 1869
- Roy v. WhitfordNevada Supreme Court · 1874
- Furnish v. MullanCalifornia Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sherwin v. SherwinNevada Supreme Court · 1910
- Fitchett v. HenleyNevada Supreme Court · 1909
- Sherwin v. SherwinNevada Supreme Court · 1910
- Sherwin v. SherwinNevada Supreme Court · 1910