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ROVENTINI v. FIRST JUDICIAL DISTRICT COURT

No. 4990.

407 P.2d 725 (1965)

Phil ROVENTINI, individually and doing business under the firm name and Style of State Motors, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT of the State of Nevada, the Honorable Frank B. Gregory, District Judge, Respondent.

Supreme Court of Nevada.

November 16, 1965.

Attorney(s) appearing for the Case

Richard P. Wait and Roger L. Erickson, Reno, for petitioner.

Peter Echeverria and Alfred H. Osborne, Reno, for respondent.

THOMPSON, Justice.

This is an original proceeding in mandamus by which the petitioner, Roventini, seeks to compel the District Court to set aside a clerk's entry of default in a tort action for damages. We rule that the extraordinary remedy of mandamus is not here available and refuse to issue the writ.1

A writ of mandamus may issue to compel the performance of an act which the law especially enjoins as a duty resulting from office...

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