Martin v. District Court of the First District
Nevada Supreme Court
Application for writ of certiorari. The facts are stated in the opinion. I. Under the rules of the common law it was necessary to specify the names of the defendants; but the statute sets, aside the common law rule and provides that where several persons are associated under a common name, they may be sued by that common name. The district court therefore exceeded its authority, under the statute, in setting the rule aside. (1 Comp.
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Application for writ of certiorari. The facts are stated in the opinion. I. Under the rules of the common law it was necessary to specify the names of the defendants; but the statute sets, aside the common law rule and provides that where several persons are associated under a common name, they may be sued by that common name. The district court therefore exceeded its authority, under the statute, in setting the rule aside. (1 Comp. Laws, 1658; Gilman v. Cosgrove, 22 Cal. 356; Qillig, Mott & Co. v. Lake Bigler Co., 1 Nev. 214.) II. The service of summons was' sufficient. (1 Comp. Laws, 1658;…
1Opinion of the Court
*88By the Court,
Beatty, J.:
The petitioners commenced an action in a justice’s court of Storey county, by filing an account against “Irving, Mc.Kay & Co.,” without disclosing the names of the individuals composing the firm. The summons thereupon issued was directed to “Irving, McKay & Co.,” and according to the constable’s return, was served on “the defendants” personally, in the township where the action was pending. The defendants having failed to appear, judgment was entered upon their default. Nearly a month thereafter, J. Gr. Irving and Daniel McKay appeared in the justice’s court for the…
2Cases cited4 opinions
- Diaz v. Eighth Judicial District Court of NevadaNevada Supreme Court · 2000
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- Gillig v. Lake Bigler Road Co.Nevada Supreme Court · 1866
- Kidd v. Four-Twenty Mining Co.Nevada Supreme Court · 1867
3Cited by14 opinions
- Goicoechea v. Fourth Judicial District Court Ex Rel. County of ElkoNevada Supreme Court · 1980
- Zimmerman v. Bradford-Kennedy Co.Idaho Supreme Court · 1908
- Gage v. MaryattMontana Supreme Court · 1890
- State ex rel. Abel v. BreenNevada Supreme Court · 1918
- Klepper v. KlepperNevada Supreme Court · 1928
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