Selznick v. Eighth Judicial Dist. Court In and For Clark County
| Citation | 76 Nev. 386,355 P.2d 854 |
| Decision Date | 29 September 1960 |
| Docket Number | No. 4333,4333 |
| Parties | Alan Theodore SELZNICK and Genevieve Selznick, Petitioners, v. EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada IN AND FOR the COUNTY OF CLARK and Honorable A. S. Henderson, District Judge, Respondents. |
| Court | Supreme Court of Nevada |
Supreme Court of Nevada.
Sept. 29, 1960.
Clarence Sundean, Las Vegas, for appellants.
Foley Brothers, Las Vegas, for respondents.
This is an original proceeding wherein petitioners seek a writ of prohibition to prevent respondent court from continuing with a tort action against them on the ground that it has no jurisdiction over petitioners.
Petitioners are husband and wife. Their automobile was involved in an accident on the premises of the Sahara Hotel in Clark County, Nevada, which resulted in personal injuries to one of the plaintiffs in said tort action. Service of summons was made on each of the petitioners pursuant to N.R.S. 14.070 which permits constructive service of summons in any action or proceeding growing out of the operation of a motor vehicle over the public roads, streets, or highways in the State of Nevada.
Petitioners contend that the said statute has no application to automobile accidents occurring on private property such as the Sahara Hotel premises.
Each petitioner filed two motions in the respondent court. One, a motion to dismiss the action on the ground that movant is a resident of the State of California, that the accident did not occur on a public road in the State of Nevada, and that movant is not subject to service of process under the provisions of N.R.S. 14.070; and, two, to dismiss the action or in lieu thereof to quash the return of service of summons on the ground that movant has not been properly served with process in the action.
It is unnecessary to consider the validity of the constructive service of summons on either petitioner or the applicability of N.R.S. 14.070 to the particular situation here involved, for the reason that we have concluded that both petitioners have entered a general appearance in the action thereby giving the respondent court personal jurisdiction over them.
In the case of Barnato v. Second Judicial District Court, 76 Nev. ----, 353 P.2d 1103, this court held that a defendant who requests relief additional to that necessary to protect him from defective service of process renders his appearance general. In that case, although petitioner claimed his motion to dismiss was solely in furtherance of his motion...
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Davis v. Eighth Judicial Dist. of State of Nevada, In and For County of Clark, s. 12808
...Deros v. Stern, 87 Nev. 148, 483 P.2d 648 (1971); Havas v. Long, 85 Nev. 260, 454 P.2d 30 (1969); Selznick v. Eighth Judicial District Court, Etc., 76 Nev. 386, 355 P.2d 854 (1960). Petitioners argue that their opposition for leave to amend the complaint was predicated solely upon their ass......
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Havas v. Long, 5650
...jurisdiction from the case. Barnato v. Second judicial District Court, 76 Nev. 335, 353 P.2d 1103 (1960); Selznick v. Eighth Judicial District Court, 76 Nev. 386, 355 P.2d 854 (1960). We must, therefore, treat this case as though the Longs were at all times amenable to the process of a Neva......
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Milton v. Gesler, 21430
...of void judgment or defective service and seeks relief under NRCP 60(b)(1) makes a general appearance); Selznick v. District Court, 76 Nev. 386, 388, 355 P.2d 854, 855 (1960) (defendant who requests that the case be dismissed or that service be quashed has entered a general appearance).Thes......
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Deros v. Stern
...motion is made before judgment (Barnato v. Second Judicial Dist. Court, 76 Nev. 335, 353 P.2d 1103 (1960); Selznick v. Eighth Judicial Dist. Court, 76 Nev. 386, 355 P.2d 854 (1960); Benson v. Eighth Judicial Dist. Court, 85 Nev. 327, 454 P.2d 892 (1969)), or after judgment is entered, Doyle......