Tinkum v. O'Neale
Nevada Supreme Court
Appeal frpm the District Court of the Eighth Judicial District, Esmeralda County, . This was an action commenced January 25th, 1868, by Z. B. Tinkum and Sidney ITuntoon, partners doing business under the name and style of Tinkum & Huntoon, against John D. 'Winters and William T. O’Neale, partners, doing business under the name and style of Winters & O’Neale, to recover the sum of one thou- . sand fo.ur hundred dollars for lumber sold and delivered.
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Appeal frpm the District Court of the Eighth Judicial District, Esmeralda County, . This was an action commenced January 25th, 1868, by Z. B. Tinkum and Sidney ITuntoon, partners doing business under the name and style of Tinkum & Huntoon, against John D. 'Winters and William T. O’Neale, partners, doing business under the name and style of Winters & O’Neale, to recover the sum of one thou- . sand fo.ur hundred dollars for lumber sold and delivered. An amended complaint was filed March 21st, 1868. On the twenty-seventh of the same month Winters answered, setting up that he had been, on March…
1Opinion of the Court
By the Court,
Lewis, C. J.:
Upon the calling of this case for trial, the defendant Winters moved for a continuance as to himself, upon a sufficient showing that he had been adjudged a bankrupt by the United States District Court, for the District of Nevada. It appeared from his affidavit, and it is admitted as a fact in the ease, that no hearing had been had in that Court upon his petition, and' that he hail not , received his discharge. The continuance was asked until the disposition of the matter by the District Court. The motion being granted, the defendant O’Neale then objected to the trial…
2Cited by3 opinions
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- Stevenson v. MannNevada Supreme Court · 1878