Legal Opinion

Davis v. Cook

Nevada Supreme Court

Decided January 15, 1874PublishedCited by 6 opinions

Appeal from tbe District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. The notes sued on were dated in June, 1869 ; suit was commenced in December, 1870 ; and the judgment appealed from entered on June 7, 1872. I. The case should have been transferred to the United States circuit court. 14 U. S. Stats. 306, 558; FisJce v. Union Pacific R. B. Co., 6 Blatchford, 377; Dennistown v. Draper, 5Blatehford, 336; Meadoio Valley Mining Co. v.…

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Appeal from tbe District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. The notes sued on were dated in June, 1869 ; suit was commenced in December, 1870 ; and the judgment appealed from entered on June 7, 1872. I. The case should have been transferred to the United States circuit court. 14 U. S. Stats. 306, 558; FisJce v. Union Pacific R. B. Co., 6 Blatchford, 377; Dennistown v. Draper, 5Blatehford, 336; Meadoio Valley Mining Co. v. Dodds, 7Nev. 113; Stewart v. Mordecai, 10 Ga. 1. II. There was error in excluding proof by the witness Barnett that the…

1Opinion of the Court

By the Court,

Belknap, J.:

This is an action brought by the receiver of the Eirst National Bank of Nevada against Lewis Cook, John A. Cook and Isaac Cook, comprising the firm of Cook Brothers, upon two promissory notes of the aggregate value- of six thousand five hundred and eighty-seven $0 dollars and interest, given in the partnership name to the bank. John A. and Isaac Cook entered their appearance and answered for themselves only. • Service of summons was not made upon Lewis Cook. The answer alleges that the firm name was used by Lewis Cook in the purchase of certain merchandise and real…

2Cases cited1 opinion

  1. Gassies v. BallonSupreme Court of the United States · 1832

3Cited by6 opinions

  1. Raiola v. Los Angeles First National Trust & Savings BankCity of New York Municipal Court · 1929
  2. Greene v. KlingerUnited States Circuit Court · 1882
  3. Davis v. CookNevada Supreme Court · 1879
  4. Curtis v. George Grifall Co.Nevada Supreme Court · 1968
  5. Underwood v. Old Colony Street Railway Co.Supreme Court of Rhode Island · 1910

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