Lapham v. Osborne
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Douglas County. Richard Rising, District Judge. The facts are stated in the opinion. I. The court erred in overruling plaintiff’s demurrer to defendant’s answer. The claim for wages is not a . defense to a claim for the delivery of the property. The action sounds in tort■ — the alleged counter-claim in contract.
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Appeal from the District Court of the State of Nevada, Douglas County. Richard Rising, District Judge. The facts are stated in the opinion. I. The court erred in overruling plaintiff’s demurrer to defendant’s answer. The claim for wages is not a . defense to a claim for the delivery of the property. The action sounds in tort■ — the alleged counter-claim in contract. The contract set up in the counter-claim to a tort' was made before the tort was committed — and the wages claimed accrued before the wrong complained of was perpetrated. The contract does not spring from the tort, and has no…
1Opinion of the Court
By the Court,
Leonard, O. J.:
Action to recover possession of a certain schooner, called the “Lillie Van,” together with its rigging, masts, and other property thereon and connected therewith, all of the alleged value of one thousand nine hundred and ninety dollars, and one thousand dollars damages. It is alleged in the complaint that on June 16, 1886, at Glenbrook, in this state, defendant wrongfully and forcibly, against plaintiff’s consent, took all of said property from said plaintiff’s possession, and has ever since wrongfully and unlawfully withheld the same from plaintiff; that the use…
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- Bolles v. DuffNew York Supreme Court · 1869
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