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86 Nev. 653

473 P.2d 829

Bangston v. Brown

Nevada Supreme Court

Decided August 27, 1970

Nevada Supreme Court · decided 1970-08-27

Cited by 14 later decisions — most recently April 1983

14 state decisions

Relies on Richfield Oil Corp. v. Harbor Insurance Co. · Havas v. Alger · Utley v. Airoso

Good law ✅— No negative treatment on recordhow we know

Decided 1970-08-27

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¶1 OPINION

Per Curiam:

¶2 The appellant brought mandamus proceedings seeking to have the name of Louis Spitz stricken from the primary election ballot as a candidate for Sheriff of Washoe County, Nevada. The matter was heard by the court, after which the order dismissing the proceedings was entered.

¶3 We have thoroughly examined the record on appeal, and it is apparent that the court below entered its order of dismissal upon a finding that, from the evidence adduced, Louis Spitz was a resident of the State of Nevada and of Washoe County. In order to arrive at such a finding, the court resolved the conflicting evidence and made its determination of the weight to be accorded to the testimony.

¶4 The record contains substantial competent evidence to support the ruling of the district court. Accordingly, we will not substitute our judgment for that of the trial judge. Richfield Oil Corp. v. Harbor Insurance Co., 85 Nev. 185, 452 P.2d 462 (1969); Coleman v. Benson, 85 Nev. 594, 460 P.2d 158 (1969); Havas v. Alger, 85 Nev. 627, 461 P.2d 857 (1969); Utley v. Airoso, 86 Nev. 116, 464 P.2d 778 (1970); Fox v. First Western Savings & Loan Association, 86 Nev. 469, 470 P.2d 424 (1970).

¶5 The order appealed from is affirmed.

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