Scott v. Haines
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action brought against James W. Haines, John B. Winters, Frederick Shetter, Thomas Wells, and George F. Jones, . who were doing business under the name of “ The Carson Flume Company,” to recover twelve hundred and forty-one dollars and forty-three cents for work, labor, and services performed by various persons, assignors of the plaintiff.
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Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action brought against James W. Haines, John B. Winters, Frederick Shetter, Thomas Wells, and George F. Jones, . who were doing business under the name of “ The Carson Flume Company,” to recover twelve hundred and forty-one dollars and forty-three cents for work, labor, and services performed by various persons, assignors of the plaintiff. The defendants Haines, Winters, and Jones filed a joint answer taking issue on the allegations of the complaint; Wells merely set up that he was not liable on account…
1Opinion of the Court
By the Court,
Lewis, C. J.
Section 193 of the Practice Act provides that “The former verdict or other decision may be vacated and a new trial or rehearing granted, on the application of the party aggrieved, for any of the following causes materially affecting the substantial rights of such party : Eirst — Irregularity in the proceedings of the Court, jury, or adverse party, or any order of the Court, or abuse of discretion, by which either party was prevented from having a fair trial. Second — Misconduct of the jury. Third — Accident or surprise which ordinary prudence could not have guarded…
2Cited by7 opinions
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- Gerlach Live Stock Co. v. LaxaltNevada Supreme Court · 1931
- Sierra Pacific Power Company v. DayNevada Supreme Court · 1964
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