Legal Opinion

Beatty v. Sylvester

Nevada Supreme Court

Decided July 1, 1867PublishedCited by 4 opinions

Appealed from the District Court of the Seventh Judicial District, Hon. Benjamin Curler, presiding. First. The Court erred in overruling the demurrer of the defendant to the plaintiff’s complaint. Second. The Court erred in overruling defendant’s motion for a continuance. Third.

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Appealed from the District Court of the Seventh Judicial District, Hon. Benjamin Curler, presiding. First. The Court erred in overruling the demurrer of the defendant to the plaintiff’s complaint. Second. The Court erred in overruling defendant’s motion for a continuance. Third. The Court erred in permitting answers to be made to the several questions set out in the transcript as having been asked by counsel for plaintiff, objected to by counsel for defendant, and permission given by the Court to be answered. Also in the admission of the documentary evidence, offered and received in the case.…

1Opinion of the Court

Opinion by

Beatty, C. J., Lewis, J.,

concurring.

The plaintiff filed his complaint, stating in substance that he had pledged certain county warrants as security for an account he was contracting with defendant at the time of the pledge; that he had since offered to pay his account, and demanded the redelivery of the articles pledged, but defendant had refused to account or redeliver, etc.

The prayer is for an accounting with the defendant, and asking that upon such accounting, and upon the payment of the money due on the account, defendant should be compelled to surrender the *230pledged -warrants,…

2Cases cited1 opinion

  1. Stapp v. PhelpsCourt of Appeals of Kentucky · 1838

3Cited by4 opinions

  1. San Pedro Lumber Co. v. ReynoldsCalifornia Supreme Court · 1898
  2. Ex Rel. Reinhart v. CallahanNevada Supreme Court · 1924
  3. In Re: The Determination Rights To Water Located Within Diamond Valley Hydrographic Basin No. 10-153Nevada Supreme Court · 2022
  4. Rosenthal v. RosenthalNevada Supreme Court · 1915

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