City of Reno v. Second Judicial District Court Ex Rel. County of Washoe

Under the 1939 amendment to sec. 9231 N.C.L., certiorari lies in this case, for it is the exact type of case contemplated by the express language of the statute, and the writ should issue under the language of the statute itself, without consideration of any other question. But if it is necessary to find that the district court has acted in excess of its jurisdiction, before certiorari will issue in this case, then, under all the Nevada cases, the California rule and the weight of authority, it has acted in excess of its jurisdiction. It has the power to pass upon the constitutionality of the…