Duffy v. Moran
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. The court erred in refusing to hear the case on its merits. The judge was not bound by the special issues found by the jury. It was useless to move for a new trial until after the decision of the court was rendered. Until that time plaintiff was unable to state whether he wanted a new trial. (Minium .v.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. The court erred in refusing to hear the case on its merits. The judge was not bound by the special issues found by the jury. It was useless to move for a new trial until after the decision of the court was rendered. Until that time plaintiff was unable to state whether he wanted a new trial. (Minium .v. Hayes, 2 Cal. 595; Smith v. Rowe, 4 Cal. 6; Walker v. Sedgwick, 5 Cal. 192; Stilly. Saunders, 8 Cal. 287; Mahoney v. Caperlon, 15 Cal. 313; Crowther v. Rowlandson, 27 Cal. 376.)…
1Opinion of the Court
By the Court,
Leonard, J.:
This action was commenced in the justice’s court, Carson township, to recover possession of the premises described in the complaint, situate in Carson city. Plaintiff alleged in his complaint that he was the owner of said premises, and that defendant was his “tenant-at-will,” under an agreement with plaintiff to quit and surrender the same to plaintiff on demand; that plaintiff, before the commencement of this action, had demanded the premises, in writing, of defendant; that defendant had refused, and still continued to refuse, to comply with said demand.
Defendant in…
2Cases cited3 opinions
- Lake v. TollesNevada Supreme Court · 1873
- Van Vleet v. OlinNevada Supreme Court · 1868
- Hall v. LaytonTexas Supreme Court · 1853
3Cited by8 opinions
- Costello v. ScottNevada Supreme Court · 1908
- State ex rel. Equitable Gold Mining Co. v. MurphyNevada Supreme Court · 1907
- Estate of Abel v. HittNevada Supreme Court · 1908
- Johnston v. RosaschiNevada Supreme Court · 1921
- Berry v. Equitable Gold Mining Co.Nevada Supreme Court · 1907
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