Dixon v. Ahern
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County. I. A party has the right to have the jury instructed as to the law applicable to a state of facts which he claims to exist. {Moresi v. Swift, 15 Nev. 215; State v. Levigne, 17 Nev. 435; Davis v. Russell, 52 Cal. 611.1) II. The instruction refused stated the law of the case. The evidence submitted to the jury established the fact that there was no contract, express or implied, between the parties.
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Appeal from the District Court of the Sixth Judicial District, Eureka County. I. A party has the right to have the jury instructed as to the law applicable to a state of facts which he claims to exist. {Moresi v. Swift, 15 Nev. 215; State v. Levigne, 17 Nev. 435; Davis v. Russell, 52 Cal. 611.1) II. The instruction refused stated the law of the case. The evidence submitted to the jury established the fact that there was no contract, express or implied, between the parties. There was no element of a contract. If the appellant occupied any position whatever as against the respondent, which…
1Opinion of the Court
By the Court,
Leonard, C. J.:
Action for use and occupation of a tract of land. Itisalleged in the complaint that on or about September 10, 1880, plaintiff was the owner and in the possession of said tract, at which ■time, with plaintiff’s permission, defendant entered into the use and occupation thereof, for the purpose of piling and storing cord-wood, and so continued in such use and occupation for said purpose until October 18, 1885; that said use and occupation was reas'onably worth a certain sum stated, which sum was demanded prior to the commencement of the action, no part of which has…
2Cases cited30 opinions
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Hair v. LittleSupreme Court of Alabama · 1856
- Moresi v. SwiftNevada Supreme Court · 1880
- Sword v. KeithMichigan Supreme Court · 1875
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3Cited by4 opinions
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- American Casualty Co. v. Propane Sales & Service, Inc.Nevada Supreme Court · 1973
- Lewis v. Sea Ray Boats, Inc.Nevada Supreme Court · 2003