Haley v. Eureka County Bank
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion, taken in connection with the facts appearing in Haley v. Eureka Bank et als., in 20 Nev. 410. I. The court erred in denying plaintiff’s application for judgment on the pleadings! This action is not governed by the section of the statute relating to the entry of judgments upon failure to answer.
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Appeal from the District Court of the State of Nevada, Eureka county. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion, taken in connection with the facts appearing in Haley v. Eureka Bank et als., in 20 Nev. 410. I. The court erred in denying plaintiff’s application for judgment on the pleadings! This action is not governed by the section of the statute relating to the entry of judgments upon failure to answer. The respondents had filed a general demurrer, and within the meaning of the statute, in reference to judgment by default, the demurrer was an answer.…
1Opinion of the Court
By the Court,
Murphy, J.:
This case came before this court on appeal from an order of the district court, setting aside the default of the defendants. The order was reversed and the cause remanded. (20 Nev. 410.)
It is unnecessary to repeat the history of the case here.
On the return of the case to the district court, the plaintiff, by his attorney, appeared in court and ashed for judgment on the pleadings, for the full amount prayed for in the complaint, no answer having been filed; which motion was by the court denied, on the ground that the plaintiff was not entitled to a judgment without…
2Cases cited11 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Michael v. . FoilSupreme Court of North Carolina · 1888
- Goodwin Gas Stove & Meter Co.'s AppealSupreme Court of Pennsylvania · 1888
- Haley v. Eureka County BankNevada Supreme Court · 1889
- Brewington v. LoweIndiana Supreme Court · 1848
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- Gilna v. BarkerMontana Supreme Court · 1927
- Newman v. StockerCourt of Appeals of Maryland · 1932
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