Hixon v. Pixley
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Orrnsby County. The facts sufficiently appear in the opinion. I. The evidence was insufficient to justify the verdict. There is no substantial conflict in the testimony. The fact that there is some evidence to sustain the verdict does not precludo this court from ordering a new trial on the ground that the evidence is insufficient. There must be a substantial conflict.
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Appeal from the District Court of the Second Judicial District, Orrnsby County. The facts sufficiently appear in the opinion. I. The evidence was insufficient to justify the verdict. There is no substantial conflict in the testimony. The fact that there is some evidence to sustain the verdict does not precludo this court from ordering a new trial on the ground that the evidence is insufficient. There must be a substantial conflict. (State v. Yellow Jacket S. M. Oo., 5 Nev. 415; 49 Cal. 375.) II. The evidence is also insufficient to justify the verdict, and the same is against law, because it…
1Opinion of the Court
By the Court,
Hawley, J.:
This is an action of trover, brought by plaintiff to recover from defendants, Bobert F. Pixley and Isaac McConnell, as copartners, the sum of twenty-three thousand three hundred and ninety dollars, for the alleged wrongful conversion of certain shares of mining stocks.
Defendant McConnell suffered default.
Defendant Pixley appeared, and filed an answer denying that at the time of the alleged transactions with plaintiff he was a partner with the defendant McConnell.
The plaintiff, in order to sustain this action against Pixley, relied upon two grounds: First. That he was a…
2Cases cited2 opinions
- Carlyon v. LannanNevada Supreme Court · 1868
- Merrit v. PollysCourt of Appeals of Kentucky · 1855
3Cited by5 opinions
- Joseph Goldberger Iron Co. v. Cincinnati Iron & Steel Co.Court of Appeals of Kentucky · 1913
- Robinson Mining Co. v. RiepeNevada Supreme Court · 1914
- Bruton v. SakariasonNew Mexico Supreme Court · 1916
- Wheeler v. HurleyNevada Supreme Court · 1925
- Missouri, O. & G. Ry. Co. v. DiamondSupreme Court of Oklahoma · 1915