Nielsen v. Rebard
Nevada Supreme Court
Appeal from Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by Fred H. Nielsen against Nellie Richardson Rebard, as administratrix of the estate of Frank P. Richardson, deceased. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The amended complaint does not state a cause of action, the decision is contrary to law and the evidence, and the pleadings and the findings do not justify or support the judgment.
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Appeal from Seventh Judicial District Court, Esmeralda County; J. Emmett Walsh, Judge. Action by Fred H. Nielsen against Nellie Richardson Rebard, as administratrix of the estate of Frank P. Richardson, deceased. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The amended complaint does not state a cause of action, the decision is contrary to law and the evidence, and the pleadings and the findings do not justify or support the judgment. The action is evidently not intended to be one of trover. Trover “is not to recover the thing converted, but damages for…
1Opinion of the Court
By the Court,
Coleman, C. J. :
By this action plaintiff seeks to recover the possession of specific stock, and of dividends earned thereon. Judgment was entei-ed in the trial court as prayed, from which, as well as from an order denying a new trial, an appeal is taken.
1, 2. It is contended in this court that the amended complaint does not state a cause of action, as to which it is said, by counsel for respondent, that this point, not having been made in the trial court, should not now prevail. It is a well-recognized rule that, while courts do not look with favor upon objections of this kind…
2Cases cited11 opinions
- Donellan v. HardyIndiana Supreme Court · 1877
- Omaha National Bank v. KiperNebraska Supreme Court · 1900
- Smith v. DennettSupreme Court of Minnesota · 1870
- Krouse v. WoodwardCalifornia Supreme Court · 1895
- Stevenson v. LordSupreme Court of Colorado · 1890
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3Cited by9 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Silverman v. SilvermanNevada Supreme Court · 1930
- Page v. WalserNevada Supreme Court · 1923
- Deiss v. Southern Pacific Co.Nevada Supreme Court · 1935
- Kingsbury v. CoprenNevada Supreme Court · 1920
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