Hanson v. Chiatovich
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda county. The facts sufficiently appear in the opinion. I. The court erred in not dismissing the action on the ground that no demand had been made before suit. (Datemiel v. Gorham, 6 Cal. 43; Taylor v. Seymour, 6 Id. 512; Killey v. Scan»ell, 12 Id. 73; Dudley v. Hayes, 1 Id. 160; Paige v. O'Neal, 12 Id. 483; Moore v. Murdoch, 26 Id. 524.) II.
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Appeal from the District Court of the Eighth Judicial District, Esmeralda county. The facts sufficiently appear in the opinion. I. The court erred in not dismissing the action on the ground that no demand had been made before suit. (Datemiel v. Gorham, 6 Cal. 43; Taylor v. Seymour, 6 Id. 512; Killey v. Scan»ell, 12 Id. 73; Dudley v. Hayes, 1 Id. 160; Paige v. O'Neal, 12 Id. 483; Moore v. Murdoch, 26 Id. 524.) II. A person having possession of personal property should be held to be the owner, else an innocent person must suffer. (Chitty on Cont. 685, notes; Poorman v. Mills, 39 Cal. 353.) III.…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This action was brought by the plaintiff, Hanson, to recover a certain lot of machinery for a quartz mill, consisting of an engine, boiler, etc., alleged to be the property of A. L. Page, deceased.
The cause was tried before the court without a jury. Judgment was rendered in favor of the plaintiff. The defendants moved for a new trial, which was refused. This appeal is from the judgment and from the order refusing a new trial.
1. The question whether the evidence sustains the findings cannot be considered because the findings of the court are not embodied in the…
2Cases cited2 opinions
- Poorman v. D. O. Mills & Co.California Supreme Court · 1870
- Dean v. PritchardNevada Supreme Court · 1874
3Cited by9 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Johnson v. GarnerDistrict Court, D. Nevada · 1916
- Bethel v. LinnMichigan Supreme Court · 1886
- Menardi v. WackerNevada Supreme Court · 1909
- Quinn v. QuinnNevada Supreme Court · 1903
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