Paul v. Cragnaz
Nevada Supreme Court
Appeal from the Fourth Judicial District Court, White Pine County; G. F. Talbot, Judge. Action by Frank Paul against Rocco Cragnaz. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The legal effect of the contract of plaintiff with Howell and others is to be determined by the instrument itself, and not by any name or description which may have been given to it.
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Appeal from the Fourth Judicial District Court, White Pine County; G. F. Talbot, Judge. Action by Frank Paul against Rocco Cragnaz. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear in the opinion. I. The legal effect of the contract of plaintiff with Howell and others is to be determined by the instrument itself, and not by any name or description which may have been given to it. It is called a lease in the-record, but whether it is such, and what rights the parties thereto have under it, must be ascertained from the instrument itself and its language and terms.…
1Opinion of the Court
By the Court,
Bonnifield, C. J.:
This action was brought to recover damages of the defendant for refusing to permit the plaintiff to enter into the possession of a certain mining claim and work the same, and for excluding him therefrom. The plaintiff based his right to enter into possession and work said claim upon a written lease, executed to him, for an undivided one-third interest in said claim by tbe owners of said interest, the defendant owning an undivided two-thirds interest therein. The trial resulted in a verdict of the jury in favor of the plaintiff for $2,287 50, and a judgment…
2Cases cited10 opinions
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Chapman v. KirbyIllinois Supreme Court · 1868
- Anderson v. GoffCalifornia Supreme Court · 1887
- Carpentier v. WebsterCalifornia Supreme Court · 1865
- Sears v. SellewSupreme Court of Iowa · 1870
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3Cited by25 opinions
- Weck v. Reno Traction Co.Nevada Supreme Court · 1915
- Scrimsher v. Reliance Rock Co.California Court of Appeal · 1934
- Silver Springs, Ocala & Gulf Railroad v. Van NessSupreme Court of Florida · 1903
- Ennor v. RaineNevada Supreme Court · 1903
- State v. LangfordSupreme Court of Missouri · 1922
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