Conway v. District Court of the Eighth Judicial District
Nevada Supreme Court
Certiorari by P. J. Conway to the District Court of the Eighth Judicial District of the State of Nevada, in and for Lyon County, and the Hon. T. C. Hart, Judge of said Court, to review a judgment against petitioner. "The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but in any other case the court may grant any relief consistent with the case made by the complaint and embraced within the issue.”
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Certiorari by P. J. Conway to the District Court of the Eighth Judicial District of the State of Nevada, in and for Lyon County, and the Hon. T. C. Hart, Judge of said Court, to review a judgment against petitioner. "The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have demanded in his complaint; but in any other case the court may grant any relief consistent with the case made by the complaint and embraced within the issue.” (Rev. Laws, 5241.) This provision constitutes the limitation upon the jurisdiction of the court. {Marshall v. Golden…
1Opinion of the Court
By the Court,
McCarran, C. J.:
Suit was commenced in the justice court against P. J. Conway, E. J. Ross, and R. C. Mudge, as copartners. Ross and Mudge failed to appear or answer; Conway alone defended. Judgment was rendered for the plaintiff in the justice court. On appeal to the district court, a trial de novo was had. The latter court found that no partnership existed between the parties; but, notwithstanding the fact that Conway was sued upon a debt alleged to have been contracted by the partnership, judgment was rendered against him individually. The proceedings come to this court by…
2Cases cited18 opinions
- Long v. ClappNebraska Supreme Court · 1884
- Shain v. ForbesCalifornia Supreme Court · 1890
- Exchange Bank v. FordSupreme Court of Colorado · 1884
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
- Crews v. LacklandSupreme Court of Missouri · 1878
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3Cited by3 opinions
- Silverman v. SilvermanNevada Supreme Court · 1930
- Smart v. ValenciaNevada Supreme Court · 1926
- Smart v. ValenciaNevada Supreme Court · 1927