Welland v. Williams
Nevada Supreme Court
Appeal from the District Court of the State' of Nevada. Lincoln county. Thomas E. Wells and G. F. Talbot, District Judges. The facts are stated in the opinion. I. This court in determining the question as to whether the order appealed from should be reversed should proceed as though hearing the motion for a new trial in the first instance. The judge who made the order appealed from was not the judge who tried the ease.
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Appeal from the District Court of the State' of Nevada. Lincoln county. Thomas E. Wells and G. F. Talbot, District Judges. The facts are stated in the opinion. I. This court in determining the question as to whether the order appealed from should be reversed should proceed as though hearing the motion for a new trial in the first instance. The judge who made the order appealed from was not the judge who tried the ease. The reason for the rule that appellate courts will not reverse the decisions of nisi prius courts upon motions for new trials, unless there is a great preponderance of evidence…
1Opinion of the Court
By the Court,
Bigelow, J.:
The plaintiff owned one-third of a certain mine, H. W. Turner one-tliird and the defendants, who are husband and wife, the other third. The plaintiff, at his own expense, erected hoisting works upon the property at a cost of about five thousand dollars, of which, in June, 1890, he had been repaid from the proceeds of the mine about two thousand dollars, at which time the co-owners separately sold their entire interest in the mine to a third party. ^
This action is brought to recover from the defendants one-third of the balance of the expense so incurred by the…
2Cases cited12 opinions
- Martin v. MatfieldCalifornia Supreme Court · 1874
- Fair v. StevenotCalifornia Supreme Court · 1866
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
- Richardson v. McGoldrickMichigan Supreme Court · 1880
- Freeman v. FoggSupreme Judicial Court of Maine · 1890
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3Cited by13 opinions
- State v. ThompsonNevada Supreme Court · 1909
- Dutertre v. ShallenbergerNevada Supreme Court · 1893
- Schwartz v. StockNevada Supreme Court · 1901
- Campbell v. CampbellNevada Supreme Court · 1985
- McDaniel v. MooreIdaho Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.