STATE COURTS.

One Supreme Court and nine District Courts.

The Supreme Court consists of three Judges. The oldest in commission acts as Chief Justice. Judge Wm. H. Beatty, C. J.; Judge O. R. Leonard and Judge Thomas P. Hawley, Associate Justices. Clerk, Charles F. Bicknall. All reside at Carson City.

Regular Terms-First Mondays of January, April, July and October.

The Supreme Court shall have appellate jurisdiction in all cases in equity; also in all cases at law in which is involved the title or right of possession to, or the possession of, real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand (exclusive of interest), or the value of the property in controversy, exceeds three hundred dollars; also in all other civil cases not included in the general subdivision of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court in this State, or before any Judge of said Courts.

DISTRICT COURTS.

Jurisdiction.—The District Courts in the several judicial districts of this State shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand (exclusive of interest), or the value of the property in controversy, exceeds three hundred dollars; also in all cases relating to the estates of deceased persons, and the persons and estates of minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal

cases not otherwise provided for by law. They shall also have final appellate jurisdiction in cases arising in Justice's Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof, shall have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary to the complete exercise of their jurisdiction; and also have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in custody in their respective districts.

Justices of the Peace have jurisdiction in all civil cases when the demand, (exclusive of interest,) does not exceed three hundred dollars.

Are always open.

CHAPTER II.

TIME ALLOWED TO ANSWER

SERVICE BY PUBLI

CATION PLACE OF TRIAL.

Defendant has ten days to answer summons, exclusive of day of service, from date of service, when served within the county; twenty days when served in the district but in another county than the one where the action was commenced; and in all other cases forty days, when personal service is had.

Service by publication may be had on defendant, upon filing of proper affidavit therefor. Summons to be published once a week for at least one month, against defendants residing in the States of California or Oregon, and the Territories of Utah and Washington; in all other cases the publication of summons to be for not less than three months.

PLACE OF TRIAL.

All actions pertaining to real estate, or to the recovery thereof, or any interest therein, must be commenced in the county wherein the real estate is situated. Transitory actions follow the person.

PROVISIONS IN JUSTICES' COURTS.

Defendant must be sued in the township in which he lives, unless he is served with summons in the county-seat, or has contracted to perform an obligation at a particular place; in which case he may be sued in the township, city, or precinct where such obligation is to be performed, or in the township in which he resides. Service must be made from one to ten days before return day of summons.

CHAPTER III.

LIMITATION OF ACTIONS.

Civil actions, except for recovery of real property, can only be commenced as follows:

Within Six Years.-1. Upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

2. Upon a contract, obligation, or liability founded upon a written instrument.

Within Four Years.-1. An action on an open account for goods, wares, and merchandise sold and delivered.

2. An action for any article charged in a store account, time to date from date of last charge, or date of last credit.

3. An action upon a contract, obligation, or liability, not founded upon an instrument in writing.

Within Three Years.-Upon a liability created by statute, other than a penalty or forfeiture; for trespass upon real property; for taking, detaining, or injuring any goods or chattels; including actions for the specific recovery of personal property; for relief on the ground of fraud-the cause of action not deemed to have accrued until discovery by party aggrieved of facts constituting a fraud.

Within Two Years.—Against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or an omission of an official duty, including non-payment of money collected upon execution. Upon statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the State, except when the statute imposing it fixes a different limitation. For libel, slander, assault, battery, or false imprisonment. Upon statute for forfeiture or penalty to the State. Against a Sheriff or other officer, for escape of a prisoner arrested or imprisoned on civil process. In case of mutual accounts, the statute begins to run from date of last entry in account of either party.