Clack v. Jones

• Decision Date: 16 August 1943
• Docket Number: 3394.
• Citation: 140 P.2d 580,62 Nev. 72
• Parties: CLACK v. JONES.
• Court: Nevada Supreme Court

140 P.2d 580

62 Nev. 72

CLACK v. JONES.

No. 3394.

Supreme Court of Nevada

August 16, 1943

Rehearing Denied Sept. 20, 1943.

See 141 P.2d 385.

Appeal from Sixth Judicial District Court, Pershing County; Thomas J. D. Salter, Judge.

Action by C. H. Jones against G. S. Clack, wherein judgment was rendered against defendant and he was ordered to appear to answer concerning his property. From orders requiring defendant to appear and show cause why he should not be adjudged guilty of contempt, overruling defendant's objections to judge presiding at contempt proceeding ordered by such judge, and denying his motion to set aside such order and permit defendant to file an answer to appear for trial before another judge and from judgment upon his appearance bond, defendant appeals. Plaintiff moves to dismiss the appeal and to strike a demurrer filed in Supreme Court to affidavit charging contempt.

Demurrer stricken and appeal dismissed.

William S. Boyle, of Reno, for appellant.

H. J Murrish and John A. Jurgenson, both of Lovelock, for respondent.

DUCKER Justice.

In this action proceedings were had in the district court to require the appellant, judgment debtor, to appear before the judge of the court to answer concerning his property, and to bring with him all books and records of the Cinnabar City Mining Company. In the course of the proceedings appellant having failed to appear as required, a warrant of arrest was issued for him in which it was ordered that he be brought before the judge of the court to show cause why he should not be adjudged guilty of contempt of court. It was further ordered that he be admitted to bail in the sum of $500. Thereafter appellant filed in the proceedings his objection to Judge Thomas J. D. Salter presiding at any contempt proceeding wherein an order of attachment was issued by said judge.

On April 13, 1943 it was ordered as follows:

"This matter coming on regularly to be heard at 11:30 o'clock A.M. this 13th day of April, the hour to which the same had been regularly continued, upon the Order made and entered herein on February 23, 1943, and the defendant G. S. Clack, having failed to appear either in person or by attorney, now on motion of attorneys for the plaintiff herein it is ordered that the 'Objection of Defendant to Judge of Court Presiding at Contempt Proceedings Ordered by Same Judge' is over-ruled and the defendant held to answer forthwith as required by the said Order of this Court dated February 23, 1943, and It Is Further Ordered: That the bonds in the penal sum of $500.00 given for the appearance of the said G. S. Clack and filed in this court is forfeited for the failure of the said G. S. Clack to appear at the time and place heretofore fixed by this Court, and It Is Further Ordered Adjudged and Decreed that judgment be entered herein against National Automobile Insurance Company, a California corporation, for the sum of $500.00, lawful money of the United States which amount is the penalty of said bond and that judgment and execution issue.

Be It Further Ordered that certified copies of this Order be served upon William S. Boyle, attorney of record for the said defendant G. S. Clack, and upon the defendant G. S. Clack, if he can be found.

Thomas J. D. Salter

District Judge.

Dated, April 13, 1943."

A motion by appellant to set aside the foregoing order and to permit him to file an answer to appear for trial before another judge was denied on April 27, 1943.

He has appealed from these orders and judgment.

Respondent has moved to dismiss the appeal and to strike a written demurrer to his...