Craw v. Wilson
Nevada Supreme Court
Appeal from judgment and order denying motion for new trial, from district court, Lincoln county; A. E. Cheney, District Judge, presiding. The facts sufficiently appear in the opinion. This action was brought to obtain a judgment of the lower court declaring plaintiff and defendant partners in a mining venture. * * * The findings of fact upon which the decision is based, are outside of the issues made by the pleadings.
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Appeal from judgment and order denying motion for new trial, from district court, Lincoln county; A. E. Cheney, District Judge, presiding. The facts sufficiently appear in the opinion. This action was brought to obtain a judgment of the lower court declaring plaintiff and defendant partners in a mining venture. * * * The findings of fact upon which the decision is based, are outside of the issues made by the pleadings. The issue was the partnership, not its dissolution or abandonment. “A fact contained in the findings of the court, which contradicts the admissions of the pleadings will not be…
1Opinion of the Court
By the Court,
Belknap, J.
This is a suit in equity for the purpose, among other things, of obtaining a decree determining that plaintiff is a half owner with defendant in certain mining property standing in the name of defendant. The case was tried by the court without a jury. The decision was in favor of defendant.
The complaint alleges that, in consideration of the mutual advantages to be derived therefrom, the parties promised and agreed to and with each other to combine their efforts and means in prospecting for and locating water rights, timber claims, and mines and mining claims, and that…
2Cases cited1 opinion
- Sigourney v. MunnSupreme Court of Connecticut · 1828
3Cited by4 opinions
- Levy v. RylandNevada Supreme Court · 1910
- Thompson v. Tonopah Lumber Co.Nevada Supreme Court · 1914
- McMahon v. MeehanDistrict Court, D. Alaska · 1904
- Schmidt v. HortonNevada Supreme Court · 1930