Legal Opinion

De Remer v. Anderson

Nevada Supreme Court

Decided January 15, 1918No. 2227PublishedCited by 11 opinions

Appeal from' Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Unlawful detainer action by Mary De Remer against Charles J. Anderson. Judgment for plaintiff, and defendant appeals.

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Appeal from' Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Unlawful detainer action by Mary De Remer against Charles J. Anderson. Judgment for plaintiff, and defendant appeals. (Coleman, J., dissenting). Judgment in the lower court should have been entered for the appellant, for the reason that the term to which the lease had been extended by the act of the respondent had not expired when this action was commenced; the appellant at the time of the commencement of the action was rightfully in the possession of the premises, and the action was premature. It is well…

1Opinion of the Court

By the Court,

McCarran, C. J.:

This was an action for unlawful detainer. It appears that on the 14th day of March, 1914, a lease was entered into between the appellant and respondent here, pursuant to which instrument appellant took possession of the premises, a part of which is involved in this controversy. The lease on the premises contained, among other things, the following provisions:

“That the said party of the first part, for and in consideration of the amount herein mentioned and the terms and conditions hereinafter stated, hereby leases and lets to the said party of the second part all…

2Cases cited21 opinions

  1. Tippins v. PhillipsSupreme Court of Georgia · 1905
  2. Schroeder v. GemeinderNevada Supreme Court · 1875
  3. Swasey v. AdairCalifornia Supreme Court · 1891
  4. Fleishman v. WoodsCalifornia Supreme Court · 1901
  5. Wadick v. . MacENew York Court of Appeals · 1908

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Janes v. FeltonWest Virginia Supreme Court · 1925
  2. Roberts v. HummelNevada Supreme Court · 1952
  3. Underhill v. AnciauxNevada Supreme Court · 1951
  4. Soper v. Crystal Palace Gambling Hall, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  5. Butler v. LovollNevada Supreme Court · 1980

6 more not listed; retrieve them via the Exa API.

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