Nevada Cornell Silver Mines, Inc. v. Hankins

Service of summons by a party or his attorney is invalid at common law and is invalid under Nevada statutes. The record shows summons in case No. 1682 was served or attempted to be served by V.H. Vargas, who admittedly was the attorney for plaintiff in that case. We assert such service was void and conferred no jurisdiction.

At common law the service of summons had to be by an indifferent person — one who was not interested in the litigation. 8 Bacon Abr., p. 690; 1 Blackstone Com., pp. 344-349.

By statutory enactment the common law exists in this state except where expressly changed by…