Raine v. Ennor
Nevada Supreme Court
Appeal from Third Judicial District Court, Eureka County; Thomas F. Moran, Judge. Suit by J. P. Raine against Sarah P. Ennor and others. From a judgment dismissing the suit for want of prosecution, plaintiff appeals. The order dismissing the action should be set aside and the cause reinstated upon the calendar of the lower court. The court erred in dismissing the complaint for laches, for the reason that no motion to dismiss was ever made.
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Appeal from Third Judicial District Court, Eureka County; Thomas F. Moran, Judge. Suit by J. P. Raine against Sarah P. Ennor and others. From a judgment dismissing the suit for want of prosecution, plaintiff appeals. The order dismissing the action should be set aside and the cause reinstated upon the calendar of the lower court. The court erred in dismissing the complaint for laches, for the reason that no motion to dismiss was ever made. The order was made without any authority, without any law to sustain it, without any hearing being given plaintiff on the motion to dismiss, and the record…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal from a judgment dismissing a suit for want of prosecution. The complaint was filed April 9, 1904. The defendants appeared, and filed demurrers to the complaint on May 20, 1904. Nothing more was done in the case until June, 1913, when plaintiff obtained an injunction. The suit was instituted in the district court of Eureka County. On October 9, 1913, the Honorable Peter Breen, the district judge of that county, entered an order that the Honorable Thos. F. Moran, judge of the Second judicial district, “hear and decide all matters and things connected…
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