Legal Opinion

Carlyon v. Lannan

Nevada Supreme Court

Decided July 1, 1868PublishedCited by 6 opinions

Appeal from the District Court of the First Judicial District, Storey County. This was an action against Patrick H. Lannan, Constable of Township Two in Storey County, and John Spring and John J. Hayes, the sureties on his official bond, to recover damages for the alleged unlawful seizure and conversion of certain goods.

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Appeal from the District Court of the First Judicial District, Storey County. This was an action against Patrick H. Lannan, Constable of Township Two in Storey County, and John Spring and John J. Hayes, the sureties on his official bond, to recover damages for the alleged unlawful seizure and conversion of certain goods. It appeared in evidence that one D. D. Williams, having purchased the furniture and lease of the “ Crystal Peak House,” a boarding and lodging house in Virginia City, with money borrowed of the plaintiff, executed to him by way of security a bill of sale of the furniture.…

1Opinion of the Court

By the Court,

JOHNSON, J.

This appeal is from the order of the Court below refusing a new trial, and from the first judgment in the case, on the grounds : First. Insufficiency of the evidence to justify the verdict, and that it is against law. Second. Error in law occurring at the trial and excepted to by defendants.

The questions of fact involved in the pleadings seem to have been fairly submitted to the jury, and its findings in favor of the plaintiff, it will not be disputed, are entirely consistent with and supported by the evidence ; provided, the evidence given by plaintiff’s witnesses as…

2Cases cited1 opinion

  1. People v. RobinsonCalifornia Supreme Court · 1861

3Cited by6 opinions

  1. State v. ThompsonNevada Supreme Court · 1909
  2. Hixon v. PixleyNevada Supreme Court · 1880
  3. Wheeler v. HurleyNevada Supreme Court · 1925
  4. Saunders v. StewartNevada Supreme Court · 1871
  5. Geremia v. MayberryNevada Supreme Court · 1879

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