Horton v. New Pass Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lander county. The facts sufficiently appear in the opinion. I. The rule is that the lower court ought to have, in its sound legal discretion, opened the default. (Howev. Goldren, 4 Nev. 171; Johnson v. Eldred, 13 Wis. 482; Hill v. Crump, 24 Ind. 291; Chicago & N. W. R. B. Co. v. Gille.lt, 38 Iowa 434; Montgomery v. Ellis, 6 How. Pr. 326; Benedict v. Spend iff, 22 Pac. Rep. 500.) II.
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Appeal from the District Court of the State of Nevada, Lander county. The facts sufficiently appear in the opinion. I. The rule is that the lower court ought to have, in its sound legal discretion, opened the default. (Howev. Goldren, 4 Nev. 171; Johnson v. Eldred, 13 Wis. 482; Hill v. Crump, 24 Ind. 291; Chicago & N. W. R. B. Co. v. Gille.lt, 38 Iowa 434; Montgomery v. Ellis, 6 How. Pr. 326; Benedict v. Spend iff, 22 Pac. Rep. 500.) II. The recorded agreement between the New Pass Company and its co-defendants defeats the partnership theory and ■clearly shows that the company was not to be…
1Opinion of the Court
The facts sufficiently appear in the opinion. This is an action brought to recover judgment for five thousand two hundred and twenty-three dollars and thirty-seven cents, alleged to be due the plaintiff for goods sold and delivered, for labor performed, and upon other contracts with the defendants.
On April 16, 1890, a demurrer previously interposed by the corporation defendant was overruled, and it was given fifteen days in which to answer. No answer being filed, and the other defendants having also failed to answer, default and judgment were entered against all of them on May 2, 1890. On May…
2Cases cited8 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Beecher v. BushMichigan Supreme Court · 1881
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- Roland v. KreyenhagenCalifornia Supreme Court · 1861
- Howe v. ColdrenNevada Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hotel Last Frontier Corp. v. Frontier Properties, Inc.Nevada Supreme Court · 1963
- Bryant v. GibbsNevada Supreme Court · 1952
- Lentz v. BolesNevada Supreme Court · 1968
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925
- Esden v. MayNevada Supreme Court · 1913
7 more not listed; retrieve them via the Exa API.