Robinson v. Kind
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Eureka county; A. L. Fitzgerald, District Judge: Action by Irene M. Robinson against Henry Kind and Eugene Howell to set aside a trust deed and for an injunction. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. This action was brought to set aside a so-called trust deed, executed by the plaintiff and James A. Church and E. D. Church to the defendant, H. Kind.
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Appeal from the District Court of the State of Nevada, Eureka county; A. L. Fitzgerald, District Judge: Action by Irene M. Robinson against Henry Kind and Eugene Howell to set aside a trust deed and for an injunction. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. This action was brought to set aside a so-called trust deed, executed by the plaintiff and James A. Church and E. D. Church to the defendant, H. Kind. The Churches were not made parties to the action. To the complaint, the defendants, Howell and Kind, demurred upon the…
1Opinion
ON PETITION FOR REHEARING.
By the Court,
Bonnifield, J.:
The respondent has petitioned for rehearing. The opinion given on appeal will be found above. The statement of the case or the authorities heretofore cited need not be repeated here. Counsel for petitioner admits the correctness of the general rules noted in that opinion as to necessary parties, but strenuously urges that the case at bar comes within the exceptions to the general rules, and as an exception he cites Story’s Eq. Plead., sec 78, wherein the author says: “Hence it is a common rule of the court, that when a person who ought to…
2Cases cited8 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hart v. SansomSupreme Court of the United States · 1884
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Jones, McDowell & Co. v. FletcherSupreme Court of Arkansas · 1883
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