The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-07-16
OFFICIAL ADVERTISING

Cow cAl-OE.
JAMES {. s<A'E2..NNE
Chsirran.cf Ce-ccca-ic S:a-a Cea.r Ii |
Committee
Attested; e. &. t,ist.AM sec.
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(DanoekatIc an - : yer tsrfE:-
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IL rr- s,lprsrs si.shs s:,,s OF
The .stak # hs.aaa s. Bel
~eeoraessaekel teinfiT and Re.
N. \. Marcy. bi,erist Judge OF tn.
First Judicial Dis.rias OF ire State OF
Nevaaa..| ...s,<.-s, :.
i Defendant ans Respondent.
Th. .,z pr;te=iag in N. Il aida mus
to compel the respondent as Judga OF
the First Judicial district Court to
pE. ceeI. 70 Lea- AMI determine the
I case Ct George Bacaeldcr: Plaintiff V.
, Pose Avn Bachelor, Defendant al
legged TO be pa>dicg in said District
/ CoIr:
II Lis petition. rela-or among orher
Jlings alleges:
:, lnat he commenced his action tor
i.divCrce c.. tae -3rd Gay OF February
a =. l9"9; tCat oT. the Z. dav OF
-..a-sa 1893 lne' defendant appeared III
ne action through her attorne-s.
.aessers Cur!er AID ming, they fling
al answer 10 tsss~ Complaint: that On
Ihe TN G4E OF December 1865: fne
respondent set the case for trial be-
fore jury OIL the 2:sc day CT De-
ce-nber i%r5. ina { I the SAID 21st .day
Q Dece.a3e~ l.. -. plaintiffs attorney
IN said ease, c. Z. Mack, ESQ. an
peared and requested the respondent
10 proceed with tie trial OF the case:
thai respondent refused to do so CAV
ln- ana stating his reasons Ior 50
reiHS ~ as follows:
The said defendant is insane an,
mined IN s..e asylum for Mentag
i"seases al Reno Nevada. and thai
t"Is reiatOr, through his attorney. the
sad {. L. Mack, shereupon made a
demand upon the said respondent 10
1octed with the trial OF said acton
bat that the said respondent then ana
there refused and does now refuse to
proceed with The trial thereof and
Will not proceed 70 the trial OF saId
action. without al order Ct this Courr
Ccl4peillng, him So o do.
The respondents refusal to proceed
. VITA the trial OF he case i, based
On the fac- % The defendants In
sanity. The complain however alleged
thal tie acts constituting the Gauss
Of action ii plaintiffs favor agans1
the te.enGant were committed by the
defendant before the insanity oc
CURED.
Under these circumstances. think
the fact Of the insanity q the de
itiGai.r was got sufficient 10 justify
he ies)ondent III his refusal 70 pro
cecil with the trial OF the case.
Ii ms return or answer to the
alternative writ herein the responder,
sets up other matters in Justification
o. bis refusal TO proceed with the
trial. to wit d doubt whether or no,
ne summons in the action had been
properly served. the absence of the de
feidant's attorneys. etc.
as the case stands on the petition
and answer these matters cannO,
avail him under his admissions that
ne would never try the case while de
feaoan; was insane. He did not deny
or answer the allegations in the
petition that or account OF the IN
sanity of the defendant he would not
even in future try the case. The al
legation stands admitted by the tact
vi rs being denied.
'she other matters alleged in the
ans wer to the petition might perhaps
nave justified the respondent in his
refusal to proceed with the trial al
the time mentioned. But if such
were the case ne should nave signi
fed to Counsel his Willingness and
: intention to proceed VII. the tria
AT the proper time; and also have
let them know wherein he deemed
their proceedings irregular ana Insult
ficicnt SO thu. they conlu nave amend
: ed and corrected them and at some
time gotten a trial Of the case
Therefore without passing on the
questions Of the sufficlency of the
, service Of summons in the case or any
u lDt OiItf matters Stdtpt' III the
answer Of RESPONDENT except the
: single one Of he sufficiency Of de
: PENDANTS insanity as a bar to pro
: ceedins with the orderly hearing and
determination OF the case. il is order
ed that the mandate OF this court is
sue 20 the respondent that he proceed
with the hearing and determination
: of the case, of course. first satisfying
himself upon All questions Of service
} Of summons. guardianship and juris
dictiOn.
tITZGER Ai4D, e.. J.
We concur
TALBOT, j.
NnDCDnCS