Gillson v. Price
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. The plaintiffs need not have pleaded the former judgment. In such case the estoppel must have been pleaded and proven by the defendant. Neither is it denied that immaterial averments need not be proved.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. The plaintiffs need not have pleaded the former judgment. In such case the estoppel must have been pleaded and proven by the defendant. Neither is it denied that immaterial averments need not be proved. The contention here is that the plaintiffs have undertaken to avoid the effect of the former judgment, and by their form of pleading have assumed the burden of proof. The question is, what were plaintiffs, under their form of pleading, required to give evidence of in the first…
1Opinion of the Court
By the Court,
Leonard, J. :
This action was brought by plaintiffs to recover the sum of two thousand two hundred and fifty dollars, alleged to be due from defendant for cutting, splitting and delivering six hundred cords of wood under a contract executed by defendant and one Hugh Porter, which contract, before its completion, with the knowledge and consent of defendant, was assigned and transferred to plaintiffs for a valuable consideration. By the terms of the contract, Porter agreed to cut, split and deliver cord wood to the defendant at the Ophir dump, upon the cars of the Virgiuia & Truckee…
2Cases cited15 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Fry v. BennettThe Superior Court of New York City · 1851
- Coles v. SoulsbyCalifornia Supreme Court · 1862
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Beckman v. Lincoln & Northwestern RailroadNebraska Supreme Court · 1907
- Wheeler v. HurleyNevada Supreme Court · 1925