Prosky v. Clark
Nevada Supreme Court
Appeal from District Court of the First Judicial District of the State of Nevada, Lyon County; F. P. Langan, Judge. Action by Winfield Scott Prosky and another against Charles Clark and others. From an order granting a motion for a nonsuit, plaintiffs appeal. The facts are sufficiently stated in the opinion. The common-law doctrine of champerty and maintenance is not in force in Nevada.
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Appeal from District Court of the First Judicial District of the State of Nevada, Lyon County; F. P. Langan, Judge. Action by Winfield Scott Prosky and another against Charles Clark and others. From an order granting a motion for a nonsuit, plaintiffs appeal. The facts are sufficiently stated in the opinion. The common-law doctrine of champerty and maintenance is not in force in Nevada. As to the general current of authority see Cyc. vol. 6, p. 850, A, B, C; Brown v. Bigne, 21 Or. 260, 28 Pac. 11; Fern v. McOarrell, 208- Pac. 615, 57 Atl. 1108. It is the contention of the appellants that…
1Opinion of the Court
By the Court,
Norcross, C. J.:
This is an appeal from an order granting a motion for a nonsuit. The action was brought by the appellants, as plaintiffs, against the above-named respondents to recover posses*445sion of an undivided one-fourth interest in and to certain mining claims situated in Ramsey District, Lyon County, under and by virtue of a certain written contract alleged to have been entered into between the appellant George Hafer and certain of the above-named respondents. The motion for nonsuit was granted upon the sole ground of an alleged cham-pertous contract entered into between the…
2Cases cited21 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
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- Shaw v. GilbertWisconsin Supreme Court · 1901
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