O'Neil v. New York & Silver Peak Mining Co.
Nevada Supreme Court
Appealed' from the District Court of the Eighth Judicial District, Hon. S. H. Chase, presiding. The attachment should have been dissolved. The affidavit of plaintiff shows- a debt had been due from defendant eleven days previous to the issuing of the writ. It does not show any debt was due when the writ was issued. The Court erred in refusing to grant a continuance to defendant.
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Appealed' from the District Court of the Eighth Judicial District, Hon. S. H. Chase, presiding. The attachment should have been dissolved. The affidavit of plaintiff shows- a debt had been due from defendant eleven days previous to the issuing of the writ. It does not show any debt was due when the writ was issued. The Court erred in refusing to grant a continuance to defendant. The Court erred in refusing to strike out the evidence of plaintiff in relation to a written order, the order itself not being produced. The testimony of Cobb should have been stricken out, because he speaks of a…
1Opinion of the Court
Opinion by
Beatty, C. J., Johnson, J.,
concurring,
2DissentLewis, J.
The plaintiff in this ease brought suit against the defendant, a corporation, for the price of certain brick alleged to have been manufactured under the provisions of a special contract with the defendant. At the time of bringing suit the plaintiff also sued out an attachment against the defendant’s property. The suit was commenced, and the attachment sued out on the sixteenth of October, 1866, but the affidavit of indebtedness, etc., had been made on the fifth of October, some eleven days before the suit was brought.
The answer of defendant…
3Cited by10 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Alden v. CarpenterSupreme Court of Colorado · 1883
- Carder v. PrimmMissouri Court of Appeals · 1891
- Mighell v. DoughertySupreme Court of Iowa · 1892
- Smith v. Southern Pacific Co.Nevada Supreme Court · 1928
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