McCafferty v. Flinn
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. Action by Eugene F. McCafferty against May M. Flinn and another. From an order granting plaintiff a new trial as to defendant Case, defendant Flinn having been dismissed, Case appeals. Petition for rehearing. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John S. Orr, Judge. Action by Eugene F. McCafferty against May M. Flinn and another. From an order granting plaintiff a new trial as to defendant Case, defendant Flinn having been dismissed, Case appeals. Petition for rehearing. The facts sufficiently appear in the opinion. I. Applications for new trials upon the ground of newly discovered evidence must be looked upon with suspicion and disfavor because the temptations to make a favorable showing after having sustained a defeat is great. A…
1Opinion of the Court
By the Court,
Sweeney, J.:
This action was instituted by plaintiff in the District Court of the Second Judicial District of the State of Nevada, in and for the County of Washoe, to recover from defendants one Pope Toledo automobile, type XII, model 1906, or the sum of *271$1,200, alleged to be its value, in case a delivery could not be had, together with $2,500 damages and costs of suit. Prior to proceeding with the trial, an agreement was entered into between the plaintiff and the defendant May M. Flinn upon considerations mutually satisfactory to both, wherein the said defendant May M. Flinn was…
2Cases cited23 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. LathropSupreme Court of the United States · 1884
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Freese v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1903
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3Cited by10 opinions
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- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
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