State v. Justice Court of Reno Tp., Washoe County

• Decision Date: 21 February 1925
• Docket Number: 2687.
• Citation: 233 P. 40,48 Nev. 425
• Parties: STATE ex rel. v. JUSTICE COURT OF RENO TP., WASHOE COUNTY, et al. A. LEVY & J. ZENTNER CO.
• Court: Nevada Supreme Court

233 P. 40

48 Nev. 425

STATE ex rel. A. LEVY & J. ZENTNER CO. v. JUSTICE COURT OF RENO TP., WASHOE COUNTY, et al.

No. 2687.

Supreme Court of Nevada

February 21, 1925

Certiorari by the State, on the relation of the L. Levy & J. Zentner Company, against the Justice Court of Reno Township, in and for the County of Washoe, and Charles E. Bull, Justice of the Peace. Writ granted, and proceedings before justice modified.

M. B Moore, of Reno, for petitioner.

James D. Finch, of Reno, for respondents.

COLEMAN C.J.

This is an original proceeding in certiorari to review the proceedings of the justice's court for Reno township Washoe county, Nev., and Charles E. Bull, as justice of the peace.

On the 20th of November, 1924, an order was entered by this court directing the respondents to certify all the proceedings in the suit hereinafter mentioned to this court, and that respondents "desist from proceeding in the matter so to be reviewed, and that execution be stayed in said cause."

The records of the respondents show that on or about April 1 1924, one L. A. Murphy filed with said court a complaint in an action entitled "L. A. Murphy, Plaintiff, v. A. Levy & J. Zentner Co., Defendants," wherein the plaintiff sought to recover a balance alleged to be due from the "defendants" for goods, wares, and merchandise sold in the sum of $267.98. On the same day the justice issued a summons in regular form, showing a return by the constable reading as follows:

"I hereby certify that I received the within summons on the 1st day of April, 1924, and personally served the same by delivering to and leaving with W. E. Luce, Jr., resident business agent of the defendant named herein, personally, a true copy of this summons, in Reno township, Washoe county, this 1st day of April, 1924. T. F. Murray, Constable."

On April 9, 1924, no appearance having been entered to resist said action, the respondents entered a default and judgment in the following words:

"Judgment is hereby rendered and entered in favor of the plaintiff, and against the defendant A. Levy and J. Zentner (and each of them) in the sum of $267.98. * * *"

On April 12, 1924, an execution was issued in favor of L. A. Murphy and against A. Levy & J. Zentner Company, a corporation, in the sum of $267.98 and costs, pursuant to which certain property was levied upon.

Thereafter the petitioner herein made a motion in the respondent court to vacate and set aside the judgment rendered, which motion was denied, and at the same time petitioner tendered an answer to the complaint.

On July 31, 1924, the respondents amended, or undertook to amend, the judgment so as to constitute it a judgment against this petitioner as a corporation instead of against A. Levy and J. Zentner as individuals.

It has been held repeatedly by this and other courts that nothing is presumed in favor of the jurisdiction of courts of...