Adams v. Baker
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; G. E. Mach, District Judge: Action by F. B. Adams against Archer Baker and Lucy Baker, his wife. From an order denying a motion to discharge plaintiff’s judgment pro tanto with the judgment for costs obtained by the wife, plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Ormsby county; G. E. Mach, District Judge: Action by F. B. Adams against Archer Baker and Lucy Baker, his wife. From an order denying a motion to discharge plaintiff’s judgment pro tanto with the judgment for costs obtained by the wife, plaintiff appeals. The facts sufficiently appear in the opinion. I. Assuming that a judgment for her costs had been rendered in favor of Mrs. Baker and against plaintiff Adams, it should have been offset against the judgment in favor of Adams pro tanto. (Shrine v. Simmons, 36 Ga. 402; 91 Am. Dec. 771-2;…
1Opinion of the Court
By the Court,
Belknap, C. J.:
In a suit for the recovery of their homestead Mrs. Baker recovered judgment for her costs taxed at $83 65, but judgment was rendered against her husband for $938 and costs. Motion was made by plaintiff to discharge the larger judgment pro tanto by the smaller. The motion was supported by an affidavit showing that the defendants were and had been for many years husband and wife; that the judgment standing in Mrs. Baker’s name is community property acquired by their joint efforts since marriage, and “ that in so far as said costs have been paid by defendants, or…
2Cited by8 opinions
- Hays v. De AtleyMontana Supreme Court · 1923
- Rude v. MarshallMontana Supreme Court · 1917
- In Re Wilson's EstateNevada Supreme Court · 1936
- Welk v. SorensonCalifornia Supreme Court · 1919
- In re Estate of Foster, Superior Court of California, County of San Francisco1909
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