Groves v. Tallman
Nevada Supreme Court
Appeal from tbe District Court of tbe Fifth Judicial District, Nye County. Tliis was an action against Samuel Tallman and J. N. Groves, administrator of the estate of James M. Groves, deceased, for a dissolution of the partnership of Tallman & Groves and an accounting and settling up of its affairs. The complaint alleged the partnership as set forth in the opinion.
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Appeal from tbe District Court of tbe Fifth Judicial District, Nye County. Tliis was an action against Samuel Tallman and J. N. Groves, administrator of the estate of James M. Groves, deceased, for a dissolution of the partnership of Tallman & Groves and an accounting and settling up of its affairs. The complaint alleged the partnership as set forth in the opinion. Defendant Tallman demurred on the grounds1 — That said complaint does not state facts sufficient to constitute a cause of action; 2 — That there is another action pending between the same parties for the same cause; 3 — That there…
1Opinion of the Court
By the Court,
Whitman, O. J.-:
To the bill of appellant a demurrer was sustained, and judgment had oh failure to amend, whence this appeal.
Only one point of demurrer can be noticed, as only one is properly taken, “that the complaint does not state facts sufficient to constitute a cause of action.” These are the allegations of the bill, to which the demurrer is directed: “ That on the 21st day of August, 1871, and for a long time prior thereto, the said defendant Samuel Tallman, and the said James M. Groves and W. H. Groves were partners, doing business under the firm name of ‘Tallman & Groves,’ *180…
2Cases cited5 opinions
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Chase v. BarrettNew York Court of Chancery · 1833
- Everitt v. ChapmanSupreme Court of Connecticut · 1827
- Hazard v. HazardU.S. Circuit Court for the District of Rhode Island · 1840
- Doggett v. JordanSupreme Court of Florida · 1849
3Cited by3 opinions
- Dunlap v. ByersMichigan Supreme Court · 1896
- Schmidt v. HortonNevada Supreme Court · 1930
- Shriver v. McCloudNebraska Supreme Court · 1886