Linn v. Minor
Nevada Supreme Court
Appeal from the District Court of the Eifth Judicial District, Humboldt County. This was an action to recover the sum of three hundred and one dollars in United States gold coin, due and payable by the terms of a promissory note.
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Appeal from the District Court of the Eifth Judicial District, Humboldt County. This was an action to recover the sum of three hundred and one dollars in United States gold coin, due and payable by the terms of a promissory note. The Court found as a conclusion of law that the plaintiff was entitled to judgment against the defendant for the sum claimed, and was of opinion that it should be for such sum in United States gold coin; but felt constrained, under the authority of Milliken v. Sloat, (1 Nev. 585) to deny a judgment in any specific kind of money, and accordingly ordered it to be…
1Opinion of the Court
By the Court,
Lewis, C. J.
Whether a judgment for coin in accordance with Section 2 of *463an Act of the Legislature of this State, entitled “ An Act amend, atory of and supplementary to an Act entitled ‘ An Act to regulate proceedings in civil cases in the Courts of Justice of the Territory of Nevada,’ ” rendered upon a special promise to pay that character of money, is repugnant *to the Act of Congress making Treasury notes a legal tender, and if not, whether we are bound to follow the decisions formerly rendered by this Court holding otherwise, are the only questions submitted for determination…
2Cases cited2 opinions
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- Terrano v. StateNevada Supreme Court · 1939
- Steeves v. Second Judicial District Court Ex Rel. County of WashoeNevada Supreme Court · 1939
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