Adams v. Smith
Nevada Supreme Court
Appeal from the District Court of the Second Judicial Dis* triet, Ormsby County. The facts are stated in the opinion. I. An estoppel, by judgment or otherwise, to be available in an action, must be pleaded, and by failure to plead any estoppel plaintiff waived it, and it was error to admit the judgment roll in evidence against the objection of defendant for any purpose of estoppel.
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Appeal from the District Court of the Second Judicial Dis* triet, Ormsby County. The facts are stated in the opinion. I. An estoppel, by judgment or otherwise, to be available in an action, must be pleaded, and by failure to plead any estoppel plaintiff waived it, and it was error to admit the judgment roll in evidence against the objection of defendant for any purpose of estoppel. (Sharon v. Minnock, 6 Nev. 378; Hanson v. Chiatovich, 13 Nev. 395; Hostler v. Hayes, 3 Cal. 302; Flandreau v. Downey, 23 Cal. 357; Davis v. Davis, 26 Cal.,23;1 Clarke v. Huber, 25 Cal. 593; Davis v. Perley, 30 Cal.…
1Opinion of the Court
By the Court,
Leonard, J.:
Charles P. Adams, in his lifetime, became the lessee of a certain town lot in Virginia City, and the owner of a wooden building thereon, described in the complaint herein. Before the lease expired, March 12,1878, Adams borrowed of defendant eight hundred dollars, through U. Smith, defendant’s brother, and to secure the payment of the same assigned said lease to defendant. The lease expired December 1, 1881, and the note given by Adams for the money loaned by defendant was due, one half September 12, 1878, and the balance March 12, 1879. By the terms of the lease Adams…
2Cases cited31 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Sharon v. MinnockNevada Supreme Court · 1871
- Durham v. Carbon Coal & Mining Co.Supreme Court of Kansas · 1879
- Monitor Mutual Fire Insurance v. BuffumMassachusetts Supreme Judicial Court · 1874
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- Nicholson v. WeaverCourt of Appeals for the Ninth Circuit · 1952
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- Soper v. Crystal Palace Gambling Hall, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
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