Laird v. Morris
Nevada Supreme Court
Appeal from th,e District Court of. the State .of .Nevada, Eureka county; .A,, L. Fitzgerald,.District.Judge: ,, , Action by-A. Laird against Michael Morris on an account stated-and, on-, an assigned-account for services rendered.
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Appeal from th,e District Court of. the State .of .Nevada, Eureka county; .A,, L. Fitzgerald,.District.Judge: ,, , Action by-A. Laird against Michael Morris on an account stated-and, on-, an assigned-account for services rendered. Judgment-for defendant.- Plaintiff appeals.- The facts sufficiently appear in the‘opinion.-::- The only question -raised; on:this appeal, is-as to whether the court erred in, deciding that:-the; dismissal - of;, the-first action .amounted to a trial on the merits.- r All of .the-;allegations of.:the: complaint in- that action were fully denied by the answer, and…
1Opinion of the Court
By the Court,
Belknap, J.:
Plaintiff sued defendant as surviving partner upon two counts: First, upon an account stated; second, upon an assigned account for services rendered to the partnership. Respondent, in his answer, among other things, plead in bar a former judgment between the same parties and for the same cause of action.
The cause was tried by the court. It was shown by the judgment that neither the plaintiff nor his counsel was present at the former trial and that thereupon the defendant asked for a dismissal of .the action. A judgment of dismissal was accordingly given and costs…
2Cases cited1 opinion
- Baker v. BakerCalifornia Supreme Court · 1859
3Cited by10 opinions
- Pyle v. PiercyCalifornia Supreme Court · 1898
- Dubin v. HarrellNevada Supreme Court · 1963
- Rincon Water & Power Co. v. Anaheim Union Water Co.U.S. Circuit Court for the District of Southern California · 1902
- Antonio Albizu v. Royal Bank of CanadaSupreme Court of Puerto Rico · 1934
- State ex rel. Attorney General v. District Court of Fourth Judicial DistrictNorth Dakota Supreme Court · 1904
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