Legal Opinion

Smith ex rel. Smith v. Shrieves

Nevada Supreme Court

Decided April 15, 1878No. 871PublishedCited by 7 opinions

Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts appear in tbe opinion. I. If appellant had any right of action, Harriet M. Smith ■was not a necessary party. (1 Comp. Laws, 1077.) II. The present constitution and laws of Nevada, touching the matter at bar, are similar to the corresponding originals in California. (Const. Nev. art. 4, sec. 30; Comp. Laws, secs. 187-189, 602-609; Const. Cal. art. 11, sec. 15; Stats.

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Appeal from tbe District Court of tbe Second Judicial District, Ormsby County. Tbe facts appear in tbe opinion. I. If appellant had any right of action, Harriet M. Smith ■was not a necessary party. (1 Comp. Laws, 1077.) II. The present constitution and laws of Nevada, touching the matter at bar, are similar to the corresponding originals in California. (Const. Nev. art. 4, sec. 30; Comp. Laws, secs. 187-189, 602-609; Const. Cal. art. 11, sec. 15; Stats. Cal. 1851, p. 298, sec. 10, p. 463, secs. 121, 125; Wood’s Digest, art. 2280-81, chap. 42, p. 483.) So, if there were any difficulty in the…

1Opinion of the Court

By the Court,

Leonard, J.:

The complaint in this action shows that all the plaintiffs are the legitimate minor children of Timothy G. Smith, deceased, and Harriet M. Smith, his wife; that Timothy G. died on or about December 17, 1867, at which time he was the owner, in the possession and entitled to the possession, of the property described in the complaint, an undivided one half of which is the subject of controversy; that during the life-time of said Timothy G., to wit: March 10, 1866, he selected as and for a homestead, all of said property except that portion thereof described as the south…

2Cases cited16 opinions

  1. Gee v. MooreCalifornia Supreme Court · 1859
  2. Barber v. BabelCalifornia Supreme Court · 1868
  3. Smith v. SmithCalifornia Supreme Court · 1859
  4. Estate of WalleyNevada Supreme Court · 1876
  5. Rich v. TubbsCalifornia Supreme Court · 1871

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. First National Bank of Ely v. MeyersNevada Supreme Court · 1916
  2. In re American Business Machines, Inc.United States Bankruptcy Court, D. Nevada · 1980
  3. Roberts v. GreerNevada Supreme Court · 1895
  4. Child v. SingletonNevada Supreme Court · 1880
  5. In re the Estate of CookNevada Supreme Court · 1911

2 more not listed; retrieve them via the Exa API.

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