Horton v. New Pass Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lander county. The facts sufficiently appear in the opinion. I. The rule is that the lower court ought to have, in its sound legal discretion, opened the default. (Howev. Goldren, 4 Nev. 171; Johnson v. Eldred, 13 Wis. 482; Hill v. Crump, 24 Ind. 291; Chicago & N. W. R. B. Co. v. Gille.lt, 38 Iowa 434; Montgomery v. Ellis, 6 How. Pr. 326; Benedict v. Spend iff, 22 Pac. Rep. 500.) II.
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Appeal from the District Court of the State of Nevada, Lander county. The facts sufficiently appear in the opinion. I. The rule is that the lower court ought to have, in its sound legal discretion, opened the default. (Howev. Goldren, 4 Nev. 171; Johnson v. Eldred, 13 Wis. 482; Hill v. Crump, 24 Ind. 291; Chicago & N. W. R. B. Co. v. Gille.lt, 38 Iowa 434; Montgomery v. Ellis, 6 How. Pr. 326; Benedict v. Spend iff, 22 Pac. Rep. 500.) II. The recorded agreement between the New Pass Company and its co-defendants defeats the partnership theory and ■clearly shows that the company was not to be…
1Dissent
While the nisi prius court might, under the circumstances of this case, have set aside the default, and permitted the defendant to answer, yet I can not say there has been such abuse of that discretion with which the court is clothed as would justify a judgment of reversal.
The granting or refusal of a motion to set aside defaults has always been held to be a matter within the sound legal discretion of the lower court, and unless there has been an abuse of that discretion, it has not been the practice in this court to reverse such decisions. (Howe v.Coldren, 4 Nev. 172; Harper v.Mallory, Id.…
2Cases cited28 opinions
- Brumbaugh v. StockmanIndiana Supreme Court · 1882
- Welch v. ChallenSupreme Court of Kansas · 1884
- Spaulding v. ThompsonIndiana Supreme Court · 1859
- White v. RyanSupreme Court of Alabama · 1858
- Jones v. LeechSupreme Court of Iowa · 1877
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