Hoffman v. Owens
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. Since there was no such change of possession as the statute contemplates, the conveyance was void and the property remained subject to attachment by the creditors of J. H. Hoffman. (Goardy. Gunn, 29 Pac. 918; Cooky. Rockford, 12 Pac. 568; Goldstein y. Nunan, 6 Pac. 451; Allen y. Massey, 17…
1ConcurrenceTalbot, J.
With some reluctance I concur in the judgment, for the reason that this court so construed the law in the case of Marx v. Lewis, 24 Nev. 306.
The construction given follows more strictly the letter than the spirit of the practice act. In using language stating that an appeal shall not be effective for any purpose unless an undertaking is given, the legislature evidently wished to protect the respondent in the recovery of his costs if the appellant was unsuccessful on the appeal. By the use of this language it is doubtful if the lawmakers had any intention or purpose of preventing a respondent…
2Cases cited10 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Evans v. State BankSupreme Court of the United States · 1890
- Edmonson v. BloomshireSupreme Court of the United States · 1869
- Richardson v. GreenSupreme Court of the United States · 1889
- Marx v. LewisNevada Supreme Court · 1898
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