176 P. 413 | Nev. | 1919
By the Court,
The Allen Clark Company, a corporation, sued out of this court in 1917 a writ of certiorari. Upon consideration of the case on its merits, this court discharged the writ and dismissed the proceeding, on the ground that the tribunal whose j udgment was sought to be reviewed was not made a party defendant. State v. Pacific Wall Paper and Paint Co., 41 Nev. 501, 172 Pac. 380.
The relator who prosecuted the writ, apparently in conformity to the suggestion found in the opinion concurring in the order of dismissal, sued out this writ in June, 1918, basing its application for the writ on the same facts as contained in its former proceeding. 41 Nev. 501, 172 Pac. 380.
“In view of Rev. Laws, 2226, providing that the mechanic’s lien statutes shall not affect the right to a personal judgment, in an action brought to enforce a mechanic’s lien, a personal judgment may be rendered against a person personally liable if the complaint contains all necessary facts constituting both grounds of relief, and all the necessary allegations of an action in assumpsit.”
Upon examination of the pleadings in the justice court, we are led to the conclusion that the complaints
The writ must be dismissed, with costs.
It is so ordered.