Hoffman v. Owens
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. Since there was no such change of possession as the statute contemplates, the conveyance was void and the property remained subject to attachment by the creditors of J. H. Hoffman. (Goardy. Gunn, 29 Pac. 918; Cooky. Rockford, 12 Pac. 568; Goldstein y. Nunan, 6 Pac. 451; Allen y. Massey, 17…
1Opinion
On Rehearing
By the Court,
Norcross, C. J.:
Following the prior decision of this court in Marx v. Lewis, 24 Nev. 306, this appeal was dismissed upon the ground that an undertaking on appeal was an essential statutory requisite to invest this court with jurisdiction, and that such undertaking could not be waived. Upon our attention being called on petition for a rehearing to the fact that all of the statutory provisions having a bearing upon the question were not referred to or considered in the Marx v. Lewis case, supra, a rehearing was granted. By section 348 of the civil practice act (Comp.…
2Cases cited7 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- McKibbin v. MartinSupreme Court of Pennsylvania · 1870
- Marx v. LewisNevada Supreme Court · 1898
- Billingsley v. White & SparhawkSupreme Court of Pennsylvania · 1868
- Wilson v. HillNevada Supreme Court · 1883
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