Esden v. Kaiser
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Lillie Esden against Emma Kaiser. From a judgment for defendant, plaintiff appeals. The facts sufficiently appear in the statement of facts in the case of Painter v. Kaiser (page 421 of this volume), involving precisely the same issues and questions.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Lillie Esden against Emma Kaiser. From a judgment for defendant, plaintiff appeals. The facts sufficiently appear in the statement of facts in the case of Painter v. Kaiser (page 421 of this volume), involving precisely the same issues and questions. I. This action was sought to bo maintained upon that certain written agreement set out in the complaint made on the 5th day of November, 1901, between respondent and appellant, and which said complaint was demurred…
1Opinion of the Court
By the Court, Tabbot, J.:
This case depends upon the same contract and involves the same legal principles as those controlling the decision in the suit of Fannie Painter v. Emma Kaiser, 27 Nev. 421, just determined by this court, except that tbe plaintiff here signed tbe contract.
For tbe reasons regarding tbe first point stated in that opinion, tbe order and judgment sustaining the demurrer and dismissing the action are reversed, and the case is remanded, with direction to the district court to fix a time within which the defendant will be allowed to answer.
Belknap, O. J., and Fitzgerald, J.,…
2Cases cited1 opinion
- Painter v. KaiserNevada Supreme Court · 1904
3Cited by1 opinion
- Kent v. KaiserNevada Supreme Court · 1904