Marino v. Williams
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Pangan, Judge. Action by Frank Marino against Lee Williams, et al. From an order refusing to dissolve a preliminary injunction issued on the complaint, defendants appeal. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Pangan, Judge. Action by Frank Marino against Lee Williams, et al. From an order refusing to dissolve a preliminary injunction issued on the complaint, defendants appeal. The facts sufficiently appear in the opinion. I. We concede that if the instrument from Walker and Baldwin to Wollner, & Co. was in fact and in law an assignment of the entire contract so that Wollner & Co. had become substituted in the place of Walker and Baldwin, plaintiff as the assignee of Wollner & Co. could…
1Opinion of the Court
By the Court,
Talbot, C. J.:
This is an appeal from an order made after the filing of the amended .complaint and answer refusing to dissolve a preliminary injunction which had been issued upon the complaint at the time of the commencement of the action. As facts sufficient to control the questions involved are admitted by the pleadings, they may be determined without reference to the defenses set up in the answers, wherein it is alleged that plaintiff declined to renew his sublease, and refused to join in appointing appraisers to fix the rental therefor, which allegations are deemed denied, but…
2Cited by4 opinions
- McDuffie v. NoonanWashington Supreme Court · 1934
- Lamson v. CoulsonMassachusetts Supreme Judicial Court · 1920
- Rhodes Mining Co. v. Belleville Placer Mining Co.Nevada Supreme Court · 1910
- Travers v. BarrettNevada Supreme Court · 1908