Gaston v. Avansino
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by J. E. Gaston against Mary Avansino, as Administratrix of Estate of Louis Avansino, Deceased, and others. From the judgment and order denying a motion for a new trial, defendants appeal. The court erred in its finding of fact that defendant did not post lien notices as required by section 2221, Revised Laws. The testimony of plaintiff on this point was merely negative. (Ophir M. Co.v.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by J. E. Gaston against Mary Avansino, as Administratrix of Estate of Louis Avansino, Deceased, and others. From the judgment and order denying a motion for a new trial, defendants appeal. The court erred in its finding of fact that defendant did not post lien notices as required by section 2221, Revised Laws. The testimony of plaintiff on this point was merely negative. (Ophir M. Co.v. Carpenter, 4 Nev. 534; Dalton v. Dalton, 14 Nev. 419; Pinschower v. Hanks, 18 Nev. 99.) The court erred in finding that…
1Opinion of the Court
By the Court,
McCarran, J.:
This was an action in foreclosure of a mechanic’s lien. In the court below judgment was rendered in favor of the lienholder, respondent herein. From the judgment and from an order denying a motion for a new trial, appeal is taken to this court. The labor was performed and the material furnished by respondent at the instance and request of the lessee of the premises of Louis Avansino, deceased. It is admitted that the work was done and the material furnished in bringing about certain alterations and changes in the premises, and was within the knowledge and with the…
2Cases cited12 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Smalley v. GearingMichigan Supreme Court · 1899
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Capron v. StroutNevada Supreme Court · 1876
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