Nevada Mining & Eploration Co. v. Rae
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. ' Suit by the Nevada Mining and Exploration Company and another against J. H. Rae and others. From judgment for plaintiffs and from an order denying motion for new trial, defendants appeal.
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Appeal from Eighth Judicial District Court, Lyon County; T. C. Hart, Judge. ' Suit by the Nevada Mining and Exploration Company and another against J. H. Rae and others. From judgment for plaintiffs and from an order denying motion for new trial, defendants appeal. Amendment may be allowed after verdict, presenting issue upon which both sides have introduced evidence; but amendment after verdict, changing issues so as to require new trial, should be refused. 31 Cyc. 404; Huron Dock Co. v. Swart, 24 Ohio C. C. 504. Where person signs document, he is not permitted to show he did not know its…
1Opinion
On Petition for Rehearing
Platt & Sanforcl and Edward F. Treadwell, for Petitioners: If original complaint alleged fraud, even though defectively, amendment alleging it correctly was proper. Stewart v. Spaulding, 72 Cal. 267. It is -sufficient if a complaint states facts from which fraud is necessarily implied. 9 Ency. PI. & Pr. 686. Allegation of fraudulent intent is not necessary. Idem, 696. Marshall v. Golden Fleece M. Co., 16 Nev. 156, cited by court, does not apply because amendment was made before findings and because this case was tried on theory of fraud and parties had reason to…
2Cases cited6 opinions
- De La Beckwith v. SheldonCalifornia Supreme Court · 1913
- Gage v. PhillipsNevada Supreme Court · 1891
- Beckwith v. SheldonCalifornia Supreme Court · 1914
- Marshall v. Golden Fleece G. & S. M. Co.Nevada Supreme Court · 1881
- Green v. CarottaCalifornia Supreme Court · 1887
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