Stevenson v. Mann
Nevada Supreme Court
Appeal from the District Court Fourth Judicial District, Humboldt County. The facts are stated in the opinion. I. The judgment against Smith, rendered at the January term, merged and extinguished the notes in controversy in the higher security thus obtained. The order of the court, at the July term setting aside the judgment of the previous January term as to Mann, left such judgment in full force as to Smith.
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Appeal from the District Court Fourth Judicial District, Humboldt County. The facts are stated in the opinion. I. The judgment against Smith, rendered at the January term, merged and extinguished the notes in controversy in the higher security thus obtained. The order of the court, at the July term setting aside the judgment of the previous January term as to Mann, left such judgment in full force as to Smith. If the plaintiffs had proceeded against Smith alone, and taken judgment against him, such judgment, under the code and common law alike, would be a merger and extinguishment of the…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This action was brought to recover the sum of fifty thousand dollars, or thereabouts, the amount claimed to be due from Wm. Smith and J. J. Mann, doing business as copartners under the firm name and style of “ Smith & Mann,” upon certain promissory notes executed by them in their firm name.
The complaint and summons were regularly served upon the defendant Smith, in the month of May, 1876. In the month of August, 1876, the defendant Mann entered ££his appearance in said action,” and asked of the court “a reasonable time in which to plead therein.” No time was fixed…
2Cases cited6 opinions
- Lake v. CookIllinois Supreme Court · 1854
- Suydam v. . BarberNew York Court of Appeals · 1858
- Barnett v. JudayIndiana Supreme Court · 1871
- McCall v. . McCallNew York Court of Appeals · 1874
- Fleming v. JencksIllinois Supreme Court · 1859
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