Legal Opinion

Swan v. Smith

Nevada Supreme Court

Decided April 15, 1878No. 860PublishedCited by 2 opinions

Appeal from the District Court, First Judicial District, Storey County. The facts are stated in the opinion. 1. That portion of the verdict touching the right of the plaintiff to the possession of the property, is surplusage, and should be disregarded. (Gregory v. Froihingham, 1 Nev. 262; Bacon v. Callender, 6 Mass. 303; Wyndham v. Williams, 27 Miss. 318; People v. Ah Kim, 34 Cal. 189; Dunlap et al. v. Hayden, 29 Ind. 303; Goversr.

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Appeal from the District Court, First Judicial District, Storey County. The facts are stated in the opinion. 1. That portion of the verdict touching the right of the plaintiff to the possession of the property, is surplusage, and should be disregarded. (Gregory v. Froihingham, 1 Nev. 262; Bacon v. Callender, 6 Mass. 303; Wyndham v. Williams, 27 Miss. 318; People v. Ah Kim, 34 Cal. 189; Dunlap et al. v. Hayden, 29 Ind. 303; Goversr. Turner, 28 Md. 604; Tucker v. Cochran, 47 N. H. 57; Lincoln v. Hapgood, 11 Mass. 358; Wood v. May, 3 Cranch, C. C. 172; Duane v. Simmons, 4 Yeates, 441; Patterson…

1Opinion of the Court

By the Court,

Leonard, J.:

Plaintiff alleges that, on the twenty-eighth day of September, 1876, he was the owner and in possession of the goods and chattels described in his complaint, of the value of two thousand dollars in United States gold coin; that while he was so the owner and in possession of said goods and chattels, the defendants unlawfully took the same from his possession, carriéd them away and still unlawfully'detains said property from plaintiff; that at the time of said conversion by defendants, plaintiff was the proprietor of the European restaurant in Virginia city, and as such…

2Cases cited5 opinions

  1. Patterson v. United StatesSupreme Court of the United States · 1817
  2. Gregory v. FrothinghamNevada Supreme Court · 1865
  3. McRae v. ColcloughSupreme Court of Alabama · 1841
  4. Frederick v. CommonwealthCourt of Appeals of Kentucky · 1843
  5. Snyder v. CastorSupreme Court of Pennsylvania · 1807

3Cited by2 opinions

  1. Marshall v. Golden Fleece G. & S. M. Co.Nevada Supreme Court · 1881
  2. Lemaire v. WalshNevada Supreme Court · 1903

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