Legal Opinion · Concurrence

Armstrong v. Paul

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 1 opinion

Appeal from ,tlie Civil Probate Court of Storey Comity, Hon. L. "W. EeRRis presiding. The facts of this case sufficiently appear in the opinion; The appellant will rely upon the following points and authorities : Fvrst — The Court below erred in dismissing the case, for the following reasons: No Revenue stamp was required upon the summons, under the Act of 1864. (See secs. 151, 152, 153, 158, 163 and schedule B.) The Act refers only to cases involving -a direct money demand.

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Appeal from ,tlie Civil Probate Court of Storey Comity, Hon. L. "W. EeRRis presiding. The facts of this case sufficiently appear in the opinion; The appellant will rely upon the following points and authorities : Fvrst — The Court below erred in dismissing the case, for the following reasons: No Revenue stamp was required upon the summons, under the Act of 1864. (See secs. 151, 152, 153, 158, 163 and schedule B.) The Act refers only to cases involving -a direct money demand. Here no demand for any particular amount of money need to have been stated in the writ. The damages are not the main…

1Concurrence

Opinion by

BeosNAN, J., Lewis, C. J.,

concurring.

The facts material to be noticed in this case are as follows:

Armstrong instituted suit before a Justice of the Peace against the respondents, under the forcible entry and unlawful detainer Act, to recover possession of the “ International Hotel,” in the City of Virginia. Summons was issued on the 3d, retui'nable on the 17th day of October, 1864. The plaintiff alleged the monthly rents to be twelve hundred dollars, and in his complaint claimed five thousand dollars damages to be trebled. On the return day of the summons, the parties appeared, and…

2Cases cited4 opinions

  1. In re OliverezCalifornia Supreme Court · 1863
  2. Crandall v. WoodsCalifornia Supreme Court · 1856
  3. Van Etten & Steele v. JilsonCalifornia Supreme Court · 1856
  4. Holmes v. HorberCalifornia Supreme Court · 1862

3Cited by1 opinion

  1. Peninsular Trading & Fishing Co. v. Pacific Steam Whaling Co.California Supreme Court · 1899

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