McIntosh v. Knox
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County; Mark R. Aver ill, Judge. Action by C. H. McIntosh and H. R. Cooke, doing business as McIntosh & Cooke, against Charles E. Knox. Judgment for plaintiffs, and defendant appeals. The appellant and respondents joined issue in a trial of title on the equity side of the federal court. The sole issue in the case was title. In that character of suit there can be no other issue.
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Appeal from Fifth Judicial District Court, Nye County; Mark R. Aver ill, Judge. Action by C. H. McIntosh and H. R. Cooke, doing business as McIntosh & Cooke, against Charles E. Knox. Judgment for plaintiffs, and defendant appeals. The appellant and respondents joined issue in a trial of title on the equity side of the federal court. The sole issue in the case was title. In that character of suit there can be no other issue. The respondents paid an attorney fee of $600 in the prosecution of that case. The expenditure was a necessary, customary and inevitable incident of the case. The…
1Opinion of the Court
By the Court,
Coleman, J.:
Respondents brought suit in the district court of Nye County to recover damages for the wrongful attachment of a judgment which had been assigned to them, and for attorney’s fees expended in procuring the release of the funds thus attached. Judgment was rendered in the lower court in favor of respondents as prayed, and from such judgment and an order denying a new trial this appeal is taken.
We will not undertake to state all of the details of the case, but such facts only as will be necessary to a full understanding of the questions involved. R. P. Dunlap brought suit…
2Cases cited16 opinions
- Dyett v. . HymanNew York Court of Appeals · 1891
- Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915
- Fry v. EstesMissouri Court of Appeals · 1892
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- Peterson v. FollSupreme Court of Iowa · 1885
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