Legal Opinion

Nevada Lincoln Mining Co. v. District Court of the Eighth Judicial District

Nevada Supreme Court

Decided January 15, 1920No. 2418PublishedCited by 3 opinions

Original proceeding. Petition for certiorari by the Nevada Lincoln Mining Company against the District Court of the Eighth Judicial District of the State of Nevada, Hon. T. C. Hart, District Judge of the district and Judge of such court, and Frank Wilson. The certificate of the clerk purporting to give his version of counsel’s testimony must be ignored as gratuitous.

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Original proceeding. Petition for certiorari by the Nevada Lincoln Mining Company against the District Court of the Eighth Judicial District of the State of Nevada, Hon. T. C. Hart, District Judge of the district and Judge of such court, and Frank Wilson. The certificate of the clerk purporting to give his version of counsel’s testimony must be ignored as gratuitous. Mechler v. Fialk, 82 Atl. 830; Cook v. Court, 59 South. 483. The petition has served its purpose and ceased to be a factor in the proceedings. Donovan v. Board, 163 Pac. 69. The issue is presented by the writ and the return.…

1Opinion of the Court

By the Court,

Coleman, C. J.:

This is an original proceeding in certiorari to inquire into the jurisdiction of the respondent court to render the judgment in question.

It appears that on July 12, 1917, Frank Wilson, one of the respondents, commenced an action in the Eighth *400judicial district court, in and for Churchill County, against the Nevada Lincoln Mining Company, a corporation organized under the laws of this state, to recover judgment in the sum of $1,050 for services rendered to, and money expended in behalf of, the said corporation. It appears also that the summons which was issued on…

2Cases cited3 opinions

  1. Hagar v. Board of SupervisorsCalifornia Supreme Court · 1874
  2. Railway Co. v. StateSupreme Court of Arkansas · 1891
  3. Kapp v. District Court of the Seventh Judicial DistrictNevada Supreme Court · 1909

3Cited by3 opinions

  1. State Ex Rel. Nevada Douglass Gold Mines, Inc. v. District Court of Seventh Judicial DistrictNevada Supreme Court · 1929
  2. Gaughan v. Eighth Judicial District CourtNevada Supreme Court · 1977
  3. Nevada-California Transportation Co. v. Public Service CommissionNevada Supreme Court · 1940

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