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Vermillion v. Justice Court

October 23, 1957

MILTON VERMILLION, APPELLANT, V. THE JUSTICE COURT OF SPARKS TOWNSHIP, COUNTY OF WASHOE, STATE OF NEVADA, AND HARRY Z. GUERIN, JUSTICE OF THE PEACE OF SAID COURT, RESPONDENTS.


Appeal from the Second Judicial District Court, Washoe County; Gordon Rice, Judge, Department No. 3.{/History}

Howard E. Browne, of Reno, for Appellant.

Stewart & Horton, of Reno, for Respondents.

By the Court, Merrill, J.: This is an appeal from judgment of the Washoe County District Court denying writ of certiorari. Appellant sought to secure a writ directed to respondent justice of the peace contending that respondent had proceeded without jurisdiction to render judgment against appellant. The basis for appellant's contention of lack of jurisdiction was that the action against appellant had been brought in the wrong township. We have concluded that under applicable law this did not deprive the justice of the peace of jurisdiction. The action was commenced in Sparks Township, Washoe County, to recover a debt incurred for professional services. The defendant (appellant here) resided in Lyon County, Nevada, the debt was incurred there and defendant was served with process there. He did not voluntarily appear and judgment against him was entered upon his default. Rule 4(h) of the Justices' Courts Rules provides as follows: "The summons may be served out of the county in which the action is brought."

[73 Nev. 262, Page 264]

Section 66.010 NRS provides as follows: "Actions in justices' courts must be commenced, and, subject to the right to change the place of trial as provided in this chapter, must be tried: * * * 7. When a person has contracted to perform an obligation at a particular place, and resides in another county, township or city, in the township or city in which such obligation is to be performed, or in which he resides; and the township or city in which the obligation is incurred shall be deemed to be the township or city in which it is to be performed, unless there is a special contract to the contrary. "8. When the parties voluntarily appear and plead without summons, in any township or city in the state. "9. In all other cases, in the township or city in which the defendant resides." It would appear under this ...


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