Lawson v. Dunseath
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County, Mark R. Averill, Judge. Certiorari by J. W. Lawson against Harry Dunseath, as Justice of the Peace of the Township of Tonopah, County of Nye, and George L. Bailey. From a judgment and order dismissing the petition, petitioner appeals. The complaint was never actually filed in the justice’s court, and hence the action was never legally commenced.
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Appeal from Fifth Judicial District Court, Nye County, Mark R. Averill, Judge. Certiorari by J. W. Lawson against Harry Dunseath, as Justice of the Peace of the Township of Tonopah, County of Nye, and George L. Bailey. From a judgment and order dismissing the petition, petitioner appeals. The complaint was never actually filed in the justice’s court, and hence the action was never legally commenced. The so-called complaint is merely designated a complaint, sufficient for the purpose had it taken the course prescribed by law. " The court must endorse on the complaint the date upon which it was…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This is an appeal from a judgment and order dismissing a petition for a writ of certiorari.
On petition of the appellant, the district court issued *323an order to show cause, addressed to Harry Dunseath, justice of the peace of Tonopah township,by which order that officer was required to appear and show cause, if any he had, why the proceedings mentioned and described in the petition for the order should not be quashed, vacated, and set aside, and that the justice of the peace produce before the district court on said hearing the entire original documents, papers, and…
2Cases cited9 opinions
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Wilkinson v. ElliottSupreme Court of Kansas · 1890
- Dupuy v. ShearCalifornia Supreme Court · 1865
- Hilts v. HiltsOregon Supreme Court · 1903
- Maynard v. MacCrellishCalifornia Supreme Court · 1881
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