Legal Opinion

Su Lee v. Peck

Nevada Supreme Court

Decided October 15, 1916No. 2212PublishedCited by 2 opinions

Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by Su Lee and Charley Bi Yen, suing for themselves and others as members and on behalf of the Lin Hing Gungsha, or Joss House Society of Reno, Nevada, against F. J. Peck and others. From a judgment of nonsuit and from an order denying a motion for a new trial, plaintiffs appeal.

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Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Suit by Su Lee and Charley Bi Yen, suing for themselves and others as members and on behalf of the Lin Hing Gungsha, or Joss House Society of Reno, Nevada, against F. J. Peck and others. From a judgment of nonsuit and from an order denying a motion for a new trial, plaintiffs appeal. The court erred in entering the judgment of nonsuit, and refusing to grant a new trial, because the testimony showed a gift to the plaintiffs for a public charitable use. Under the facts in the case, the doctrine of charitable uses…

1Opinion of the Court

By the Court,

Coleman, J.:

This is an appeal from a judgment of nonsuit and from an order denying a motion for a new trial.

1. Su Lee and Charley Bi Yen, suing for themselves and others as members of and on behalf of the Lin Hing Gungsha, or Joss House Society of Reno, Nevada, an unincorporated society, brought suit against the defendants to quiet title to certain real estate. The pleadings are in the usual form. At the conclusion of the evidence offered on the part of the plaintiffs, a motion for a nonsuit was interposed. The court sustained the motion, upon the ground that an unincorporated…

2Cases cited19 opinions

  1. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  2. Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
  3. Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
  4. Russell v. AllenSupreme Court of the United States · 1883
  5. Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829

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3Cited by2 opinions

  1. Su Lee v. PeckNevada Supreme Court · 1925
  2. Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935

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