California State Telegraph Co. v. Patterson
Nevada Supreme Court
Appeal from tlie District Court of the Second Judicial District of the State of Nevada, Hon. S. II. "Weight presiding. This was an action for money had and received. The defendant answered the complaint, but upon the trial objected to any evidence by plaintiff, because, as claimed, the complaint did not state facts sufficient to constitute a cause of action.
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Appeal from tlie District Court of the Second Judicial District of the State of Nevada, Hon. S. II. "Weight presiding. This was an action for money had and received. The defendant answered the complaint, but upon the trial objected to any evidence by plaintiff, because, as claimed, the complaint did not state facts sufficient to constitute a cause of action. The Court sustaining tlie objection, ordered judgment to be entered in favor of defendant, the plaintiff’s counsel excepting. The next day application was made for permission to amend the complaint, which was refused. The judgment of tlie…
1Concurrence
Opinion by
Lewis, C. J.,
full Bench concurring.
Two questions are presented for our consideration in this case:
First — Was the appeal to this Court prematurely taken; and
*155Second — Does tlie complaint state facts sufficient to constitute a cause of action?
On behalf of the Respondent it is claimed upon the motion to dismiss the appeal, that at the time it was taken no final judgment had been rendered by the Court below, and that therefore the appeal was premature, and should be dismissed. If the record substantiates this position, the motion most certainly should be sustained, but if our view of…
2Cited by21 opinions
- Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
- In re the Estate of CookCalifornia Supreme Court · 1888
- Simmons v. HanneSupreme Court of Florida · 1905
- Aspegren Co., Inc. v. Sherman, Swan Co.California Supreme Court · 1926
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
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