Ricord v. Central Pacific Railroad
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. E. E. Eicord is the plaintiff in this suit. The words “mother and guardian of W. C. Eicord, a minor,”is a mere descriptio persona} of the plaintiff. (Rogers v. Hatch, 8 Nev. 38; Tahnage’s AdrrCrs. Ghapel, 16 Mass. 71; MerritY. Seaman, 6 N. Y. 168; Boot v. Price, 22 How. Pr. 372.) The action must he brought in the name of the infant by his guardian.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. E. E. Eicord is the plaintiff in this suit. The words “mother and guardian of W. C. Eicord, a minor,”is a mere descriptio persona} of the plaintiff. (Rogers v. Hatch, 8 Nev. 38; Tahnage’s AdrrCrs. Ghapel, 16 Mass. 71; MerritY. Seaman, 6 N. Y. 168; Boot v. Price, 22 How. Pr. 372.) The action must he brought in the name of the infant by his guardian. (Fox v. Minor, 32 Cal. Ill, 119; Whitney v. Hitchcock, 4 Denio, 461; Karr v. Parks, 44 Cal. 46.) The parent can only…
1Opinion of the Court
By the Court,
Beatty, C. J.:
This is a suit for malicious prosecution. Plaintiffs recovered four thousand dollars damages in the district court. Defendant appeals from the judgment and from the order overruling its motion for a new trial.
The judgment and order appealed from must be reversed, and the cause remanded; but we shall not pretend to discuss in detail the fifty-four specifications of error in the rulings of the district court, since, in our opinion, the decision of a few general propositions will be sufficient for its guidance in any future trial of the case.
1. When tbe action was…
2Cases cited1 opinion
- Ex parte RicordNevada Supreme Court · 1876
3Cited by30 opinions
- Jordan v. State Ex Rel. Department of Motor Vehicles & Public SafetyNevada Supreme Court · 2005
- Miller v. SchnitzerNevada Supreme Court · 1962
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
- Ross v. HixonSupreme Court of Kansas · 1891
- State v. McFarlinNevada Supreme Court · 1918
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