Jensen v. Pradere
Nevada Supreme Court
Appeal from- Second Judicial District Court, Washoe County; L. N. French, Judge. Action' by Peter Stámpe Jensen' and others against Martin Pradere. Judgment for plaintiffs, and defendant appeals. McCarran, J., dissenting. The judgment cannot be sustained, and should be reversed. The court had no authority to render a judgment in personam against appellant for an attorney’s fee.
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Appeal from- Second Judicial District Court, Washoe County; L. N. French, Judge. Action' by Peter Stámpe Jensen' and others against Martin Pradere. Judgment for plaintiffs, and defendant appeals. McCarran, J., dissenting. The judgment cannot be sustained, and should be reversed. The court had no authority to render a judgment in personam against appellant for an attorney’s fee. The judgment for damage is based upon a contract and not for a tort; consequently it is outside the issue and not supported by the pleadings. The damages, even if they could be supported by the pleadings, are…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an action to recover damages in the sum of $5,000 for trespass upon certain lands by the sheep of appellant, and for costs and attorney’s fees. Judgment was rendered in favor of the plaintiffs in the sum of $540, together with costs of suit, and $350 as a reasonable attorney’s fee.
While appellant assigned several errors as grounds for reversal, only three of them were argued; hence we will treat those not argued as waived.
1. The first assignment which we will consider is the one to the effect that the action was brought for a tort, but that the judgment…
2Cases cited9 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Leisy v. HardinSupreme Court of the United States · 1890
- Eddy v. MorganIllinois Supreme Court · 1905
- In re the Estate of JohnsonCalifornia Supreme Court · 1893
- State ex rel. Lewis v. DoronNevada Supreme Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Steptoe Live Stock Co. v. GulleyNevada Supreme Court · 1931
- Ex Rel. Nenzel v. District CourtNevada Supreme Court · 1925
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1930
- In re the Estate of ForsythNevada Supreme Court · 1922
- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1931
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