Smith v. Gabrielli , 80 Nev. 390 ( 1964 )

Thompson, J.,

concurring:

By a dissenting opinion in Dzack v. Marshall, 80 Nev. 345, 393 P.2d 610, I expressed my opposition to the use of mandamus to compel the entry of a summary judgment. Though still of the same view, it is my obligation to accept Dzack as the controlling precedent as to the availability of mandamus here, and therefore concur in the opinion of the court.