Costello v. Scott
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Churchill County; B. F. Gurler, Judge. . Action by Thos. J. Costello, et al., against Murry Scott, et al. From a decree in favor of plaintiffs, defendants appeal. The facts sufficiently appear in the opinion. I. A cardinal principle of pleading and practice was violated in this case by entering judgment against the defendants upon the testimony produced.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Churchill County; B. F. Gurler, Judge. . Action by Thos. J. Costello, et al., against Murry Scott, et al. From a decree in favor of plaintiffs, defendants appeal. The facts sufficiently appear in the opinion. I. A cardinal principle of pleading and practice was violated in this case by entering judgment against the defendants upon the testimony produced. By the complaint, and the plaintiffs’ theory of the case, the plaintiffs were to have ' supplied Scott with money. They claim that they did so, and they…
1Opinion of the Court
By tbe Court,
Norcross, J.:
This is an appeal from tbe judgment and an order denying defendants’ motion for a new trial. Tbe action was brought by respondents, alleging a copartnership for mining purposes between themselves and defendant Murry Scott. They prayed for a decree dissolving tbe alleged copartnership, for tbe appointment of a receiver, for an accounting, and for other appropriate relief incidental to the dissolution of tbe copartnership. Tbe nature and character of'the copartnership between respondents and defendant and appellant Scott is alleged in the complaint as follows: "That on…
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