Jones v. Childs
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. There was a judgment in the court below against the defendants for the sum of $1151 15 and costs, in gold coin. Defendants appealed from the judgment.
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Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. There was a judgment in the court below against the defendants for the sum of $1151 15 and costs, in gold coin. Defendants appealed from the judgment. I. This case comes clearly within the rule laid down in McBeth & Bollen v. Vcmsiclcle, 6 Nev. 134. Jones being the real party in interest and the real beneficiary in the indemnity bond, was the proper and only party to sue on it; but when he received satisfaction of his judgment against Bollen, his right of action became…
1Opinion of the Court
By the Court,
Lewis, C. J.:
This action is brought upon an undertaking given to the sheriff of Douglas County and assigned to the plaintiff under these circumstances. An execution having been issued upon a judgment rendered in a certain action in favor of Wilcox & Brown against John T. Williams, a levy was made by the sheriff upon property claimed by the plaintiff Jones. Wilcox & Brown however directed the sheriff to sell the property so levied on in accordance with the execution, and gave him the bond here sued on to indemnify him against any liability which he might incur thereby. The…
2Cases cited3 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Webb v. Pond & LansingNew York Supreme Court · 1838
- Linn v. MinorNevada Supreme Court · 1868
3Cited by17 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Fenton v. Fidelity & Casualty Co.Oregon Supreme Court · 1899
- Finley v. United States Casualty Co.Tennessee Supreme Court · 1904
- McBeth & Compton v. McIntyreCalifornia Supreme Court · 1880
- Scheuerman v. MathisonOregon Supreme Court · 1914
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