Legal Opinion

Kingsbury v. Copren

Nevada Supreme Court

Decided January 15, 1920No. 2420PublishedCited by 6 opinions

Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Verd Kingsbury against John V. Copren, individually and as administrator of the estate of Thomas J. Higgins, deceased. From a judgment for the defendant on demurrer to the complaint, plaintiff appeals. There is a single cause of action; a single person defendant, though sued in two capacities — in his individual capacity and in his representative capacity.

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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Verd Kingsbury against John V. Copren, individually and as administrator of the estate of Thomas J. Higgins, deceased. From a judgment for the defendant on demurrer to the complaint, plaintiff appeals. There is a single cause of action; a single person defendant, though sued in two capacities — in his individual capacity and in his representative capacity. It is alleged that he obtained possession of the chattels by representing in his individual capacity that he had made application for letters of…

1Opinion of the Court

By the Court,

Coleman, C. J.:

This is an action in .claim and delivery, or replevin, as known at common law.

‘As appears from the title of the action, it was instituted against the defendant both in his individual and representative capacities. The complaint alleges the death of Higgins and the appointment and qualification of Copren as administrator of the estate of the deceased. It is then alleged that at the time of bringing the suit plaintiff was, and for a long time prior thereto had been, the owner of a certain diamond ring and stick-pin, of the aggregate value of $1,100. It is then…

2Cases cited3 opinions

  1. Nelson v. SmithNevada Supreme Court · 1918
  2. Gordon v. HillmanWashington Supreme Court · 1919
  3. Nielsen v. RebardNevada Supreme Court · 1919

3Cited by6 opinions

  1. Kingsbury v. CoprenNevada Supreme Court · 1923
  2. Keyes v. Nevada Gas Co., LimitedNevada Supreme Court · 1934
  3. Kingsbury v. CoprenNevada Supreme Court · 1924
  4. Donohue v. Pioche Mines Co.Nevada Supreme Court · 1929
  5. S. Nev. Adult Mental Health Servs. Vs. BrownNevada Supreme Court · 2021

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