Legal Opinion

Gaudette v. Travis

Nevada Supreme Court

Decided April 15, 1876No. 732PublishedCited by 8 opinions

Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. The remarks made by the court, while ruling upon tho admissibility of the bill of sale', were calculated to mislead the jury and thereby injure the defendant, and the error is sufficient to justify a reversal upon this ground. II.

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Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. The remarks made by the court, while ruling upon tho admissibility of the bill of sale', were calculated to mislead the jury and thereby injure the defendant, and the error is sufficient to justify a reversal upon this ground. II. The first-instruction given on behalf of plaintiff is erroneous, because it does not clearly or fairly state tho law, in that while attempting to declare the requisite conditions under the statute to render the sale of personal property good…

1Opinion of the Court

*153By the Court,

Beatty, J.:

This action is for the recovery of certain personal property or its value, Avhich was levied upon and sold by the defendant as sheriff of Lincoln county under attachment and execution issued in the case of Boeder v. Guertin. The plaintiff claims as vendee of Guertin and the defendant justifies under the attachment and execution upon the two grounds that the sale from Guertin to Gaudette was fraudulent in fact, as being made with intent to hinder, delay, and defraud the creditors of the vendor, and fraudulent in law for want of an immediate delivery, followed by an…

2Cases cited3 opinions

  1. Levitzky v. CanningCalifornia Supreme Court · 1867
  2. Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
  3. Clute v. SteeleNevada Supreme Court · 1871

3Cited by8 opinions

  1. Ginnis v. Mapes Hotel CorporationNevada Supreme Court · 1970
  2. Lowery v. State Life InsuranceIndiana Supreme Court · 1899
  3. Tognini v. KyleNevada Supreme Court · 1882
  4. Comaita v. KyleNevada Supreme Court · 1885
  5. Gaudette v. RoederNevada Supreme Court · 1878

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