Quillen v. Arnold
Nevada Supreme Court
Appeal from tlie District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. No judgment could have been recovered upon the original complaint. Neither of the parties plaintiff could maintain the action, nor could they maintain it jointly. As to that part of the demand, if any, -which arose before the death of Edward Donahue, it must be recovered by Quillen as surviving partner for the benefit of the copartnership. (Prob.
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Appeal from tlie District Court of the Seventh Judicial District, Lincoln County. The facts are stated in the opinion. I. No judgment could have been recovered upon the original complaint. Neither of the parties plaintiff could maintain the action, nor could they maintain it jointly. As to that part of the demand, if any, -which arose before the death of Edward Donahue, it must be recovered by Quillen as surviving partner for the benefit of the copartnership. (Prob. Act, sec. 200; 1 C. L. 680.) As to that part which arose after Edward Donahue’s death, the estate of Donahue had no interest in…
1Opinion of the Court
*238By the Court,
Beatty, J.:
This is a suit upon an undertaking executed by the defendants as sureties in order to procure the discharge of an attachment which had been levied on the goods of John A. Steele, the defendant, in an action entitled as follows: “Miles Quillen and John Donahue, Administrator of the Estate of Edward Donahue, deceased, plaintiffs,- v. John A. Steele, defendant. ”
The complaint alleges the pendency of the former action, the levy of the attachment on the goods of Steele, the execution of the undertaking by defendants, the discharge of the attachment in consequence thereof,…
2Cases cited2 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Andre v. FitzhughMichigan Supreme Court · 1869
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- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- Truckee Lodge v. WoodNevada Supreme Court · 1879
- Turner v. Fidelity & Deposit Co.California Supreme Court · 1921
- Sharpe v. W. J. Morgan & Co.Illinois Supreme Court · 1893
- Drake v. Found Treasure Min. Co.U.S. Circuit Court for the District of Nevada · 1892
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