Phenix v. Bijelich
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Langan, Judge. Action by George L. Phenix, et al., v. Nikola K. Bijelich. From a judgment for plaintiffs, upon the pleadings, defendant appeals. The facts sufficiently appear in the opinion. I. The district court improperly ordered judgment against the defendant in favor of the plaintiff for plaintiff’s costs in said action. II.
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Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Langan, Judge. Action by George L. Phenix, et al., v. Nikola K. Bijelich. From a judgment for plaintiffs, upon the pleadings, defendant appeals. The facts sufficiently appear in the opinion. I. The district court improperly ordered judgment against the defendant in favor of the plaintiff for plaintiff’s costs in said action. II. It is elementary that fraud vitiates a contract. It is no longer necessary as at common law to cause a contract to be canceled on the ground of fraud before a…
1Opinion of the Court
By the Court,
Norcross, J.:
This is an appeal from a judgment upon the pleadings entered in pursuance of a motion for that purpose.
The complaint contains the following allegations: "That on, to wit, the 31st day of January, 1905, the plaintiffs were the owners of that certain lode mining claim in Goldfield Mining District, County of Esmeralda, State of Nevada, known and called the 'September,’ and on said day said plaintiffs and said defendant made and entered into a written *265agreement, a true copy of which is hereunto attached, marked 'Exhibit A,’ and made a part of this complaint; that…
2Cases cited7 opinions
- Converse v. BlumrichMichigan Supreme Court · 1866
- Walling v. BownIdaho Supreme Court · 1903
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Peck v. Brighton Co.Illinois Supreme Court · 1873
- Getty v. PetersMichigan Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- M. Snower & Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1944
- Hauck v. BullSouth Dakota Supreme Court · 1961
- Wyman v. WymanCourt of Appeals for the Ninth Circuit · 1940