Kehoe v. Blethen
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The demurrer takes but the one statutory objection, that the complaint does not state facts sufficient to constitute a cause of action. The latter specification presents, as we think, the central point upon which successful resistance to the recovery sought can be made.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The demurrer takes but the one statutory objection, that the complaint does not state facts sufficient to constitute a cause of action. The latter specification presents, as we think, the central point upon which successful resistance to the recovery sought can be made. Upon that specification we rely more particularly; and as to the second agreement set forth in the complaint, we urge, that it does not, when considered by itself,' import any consideration which can in a…
1Opinion of the Court
By the Court,
EaRll, J.:
This action was instituted against J. L. Blethen, Daniel McPhail and William Delaney, to recover the sum of $1306, *448alleged to be due from the defendants to the plaintiffs upon a special written agreement.
The defendant Blethen, who was the only defendant served with the summons, demurred to the complaint on the general ground that the complaint does not state facts sufficient to coDstitute a cause of action; but the demurrer proceeds to specify wherein the complaint is insufficient, as follows: “It states an agreement of the plaintiffs with the defendants to sell to the…
2Cases cited5 opinions
- Sewall v. HenrySupreme Court of Alabama · 1846
- California State Telegraph Co. v. PattersonNevada Supreme Court · 1865
- Van Hagen v. Van RensselaerNew York Supreme Court · 1820
- Adams v. HillSupreme Judicial Court of Maine · 1839
- Sawyer v. HammattSupreme Judicial Court of Maine · 1838
3Cited by10 opinions
- Brownell v. Superior Court of Yolo Cty.California Supreme Court · 1910
- Aspegren Co., Inc. v. Sherman, Swan Co.California Supreme Court · 1926
- Mentzer v. DavisSupreme Court of Iowa · 1899
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
- In re BreckenridgeNevada Supreme Court · 1911
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