Legal Opinion · Concurrence

Howard v. Richards

Nevada Supreme Court

Decided July 1, 1866Published

Appeal from the District Court of the Eighth Judicial District, Hon. D. Virgin presiding. The facts of this case are fully stated in the Opinion given in the case. Pirst. The Court below erred in overruling the demurrer to the complaint. 1st. Copies of the notes sued on are embodied in the complaint to supply the place of a statement of facts, required by Section 39 of the Code. ' (Prindle r. Garuthers, 15 N. Y. Rep. 428; Graves v. Palmer, 15 Cal. 415.) 2d.

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Appeal from the District Court of the Eighth Judicial District, Hon. D. Virgin presiding. The facts of this case are fully stated in the Opinion given in the case. Pirst. The Court below erred in overruling the demurrer to the complaint. 1st. Copies of the notes sued on are embodied in the complaint to supply the place of a statement of facts, required by Section 39 of the Code. ' (Prindle r. Garuthers, 15 N. Y. Rep. 428; Graves v. Palmer, 15 Cal. 415.) 2d. The two causes of action are jumbled into one count, without the necessary facts to constitute one good cause of action, or count, as…

1Concurrence

Opinion by

Beatty, J.

I concur in the opinion of the majority of the Court in every part thereof, except as to the judgment for costs. To make my views on that branch of the case more intelligible, I will make a succinct statement of the facts.

On the eighteenth of December, 1865, the Court ordered judgment to be entered for the plaintiff, as prayed for in his complaint. On the nineteenth, and before the judgment was formally entered up by the Clerk, the Court made an order staying proceedings for ten days to enable defendants to perfect an appeal.

A notice of appeal was served and filed on the…

2Cases cited2 opinions

  1. Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
  2. Reynolds v. HarrisCalifornia Supreme Court · 1857

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