Van Fleet v. O'Neil
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Carey Van Fleet against James O’Neil. From a judgment for plaintiff defendant appeals; and from an order on motion for a new trial, both parties appeal. The court should have allowed answers to questions on cross-examination as to whether an expert witness agreed with certain decisions determining fees of attorneys in other cases.
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Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Action by Carey Van Fleet against James O’Neil. From a judgment for plaintiff defendant appeals; and from an order on motion for a new trial, both parties appeal. The court should have allowed answers to questions on cross-examination as to whether an expert witness agreed with certain decisions determining fees of attorneys in other cases. Pinney v. Cahill, 48 Mich. 584; 3 Jones on Evidence, 579. Objections to long hypothetical questions to plaintiff’s expert witnesses should have been sustained, such questions…
1Opinion of the Court
By the Court,
Ducker, J.:
This is a cross - appeal, and it will therefore be convenient to allude to the parties herein as they were designated in the lower court. Plaintiff is an attorney at law, and brought this action in the district court in Elko County to recover from the defendant the sum of $3,500 for legal services alleged to have been performed by plaintiff for the defendant at his request in the case of Mary Alice Capell and Charles S. Capell, complainants, against Wm. T. O’Neil, Richard C. O’Neil, and James P. O’Neil, defendants, in the District Court of the United States for the…
2Cases cited7 opinions
- Eggleston v. BoardmanMichigan Supreme Court · 1877
- Gillespie v. JonesCalifornia Supreme Court · 1874
- Quint v. Ophir Silver Mining Co.Nevada Supreme Court · 1868
- McKeown v. HarveyMichigan Supreme Court · 1879
- Dunning v. CrofuttSupreme Court of Connecticut · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hotel Riviera, Inc. v. ShortNevada Supreme Court · 1964
- Wallace v. StateNevada Supreme Court · 1968
- Carroll v. SchneiderSupreme Court of Arkansas · 1947
- Cosden Pipe Line Co. v. SeyboldSupreme Court of Oklahoma · 1933
- Bryan v. AllenNevada Supreme Court · 1980
3 more not listed; retrieve them via the Exa API.