Richardson v. Jones
Nevada Supreme Court
Appeae from the District Court of the Eighth Judicial District, State of Nevada, Douglas County, Hon. Daotel YiegiN presiding. In the agreement upon which this action was brought the plaintiff and the defendants bound themselves in the penal sum of ten thousand dollars for the performance of its stipulations and agreements.
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Appeae from the District Court of the Eighth Judicial District, State of Nevada, Douglas County, Hon. Daotel YiegiN presiding. In the agreement upon which this action was brought the plaintiff and the defendants bound themselves in the penal sum of ten thousand dollars for the performance of its stipulations and agreements. The plaintiff alleges a breach of the agreement on the part of the defendants, but does not allege that he suffers any actual damage thereby; but claims judgment for the penal sum of ten thousand dollars, fixed in the agreement as stipulated damages. Upon this count in the…
1Concurrence
Opinion by
Lewis, C. J.,
full Bench concurring.
The verdict in this case being for the plaintiff the defendants moved for a new trial, which was denied; defendants appeal, and claim that the judgment should be reversed.
Fvrst — Because of the misconduct of the jury; and
Second — Because the plaintiff not having alleged or claimed damages in his complaint, the verdict which was for six thousand five hundred dollars, was not authorized by it.
Upon the motion for new trial the defendants produced the affidavit of N. C. Kinney, the Deputy Sheriff who was in charge of the jury after they had retired to…
2Cases cited1 opinion
- the People v. Ransom.New York Supreme Court · 1831
3Cited by78 opinions
- Victor Rivera v. Peri & Sons Farms, Inc.Court of Appeals for the Ninth Circuit · 2013
- Perry v. BaileySupreme Court of Kansas · 1874
- State v. GreerWest Virginia Supreme Court · 1883
- Saini v. International Game TechnologyDistrict Court, D. Nevada · 2006
- Jones v. PeopleSupreme Court of Colorado · 1882
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