Clarke v. Johnson
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by T. B. Clarke against Julius Johnson and another. Judgment for the plaintiff as against the defendant Johnson, and against plaintiff in favor of defendant J. G. Crumley, from which and from an order denying a new trial upon defendant Crumley’s cross-action the plaintiff appeals. Statement of Facts This is an action in claim and delivery to recover the possession of two motor trucks.
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Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by T. B. Clarke against Julius Johnson and another. Judgment for the plaintiff as against the defendant Johnson, and against plaintiff in favor of defendant J. G. Crumley, from which and from an order denying a new trial upon defendant Crumley’s cross-action the plaintiff appeals. Statement of Facts This is an action in claim and delivery to recover the possession of two motor trucks. At the commencement of the action the plaintiff took possession of the property under an act entitled “Claim and Delivery,”…
1Opinion of the Court
By the Court,
Sanders, J.,
after stating the facts:
I. This is an action which at common law would have been called replevin. In an action of replevin the property is the subject of the action. Therefore, under the quite liberal provisions of the practice act (Rev. Laws, 5046-5052) as to counter-claims, and upon the authority *365of Lapham v. Osborne, 20 Nev. 168, 18 Pac. 881, we are of the opinion that the demurrer interposed to the answer and counter-claim, the motion to strike it out, and the motion for judgment upon the pleadings were properly overruled and denied. It follows, therefore, that…
2Cases cited2 opinions
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
- Lapham v. OsborneNevada Supreme Court · 1888
3Cited by17 opinions
- Bank of America v. J. & S. AUTO REPAIRSArizona Supreme Court · 1985
- D. Q. Service Corp. v. Securities Loan & Discount Co.California Supreme Court · 1930
- Goodrich Silvertown Stores v. CaesarSupreme Court of North Carolina · 1938
- Goodrich Silvertown Stores v. Pratt Motor Co.Supreme Court of Minnesota · 1936
- K. C. Tire Co. v. Way Motor Co.Supreme Court of Oklahoma · 1930
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