Klein v. Allenbach
Nevada Supreme Court
A>eal from the District Court of the Second Judicial District, Ormiy County. This was an action to recover four hundred and fifty dollars, rent of certain premises known as the “ Half-Way House,” between Carson and Virginia City. The defendant admitted an indebtedness of two hundred dollars, and pleaded a tender of that amount, and a deposit of the same with the cleric, and offered to allow plaintiff to take judgment therefor.
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A>eal from the District Court of the Second Judicial District, Ormiy County. This was an action to recover four hundred and fifty dollars, rent of certain premises known as the “ Half-Way House,” between Carson and Virginia City. The defendant admitted an indebtedness of two hundred dollars, and pleaded a tender of that amount, and a deposit of the same with the cleric, and offered to allow plaintiff to take judgment therefor. The Court having found an indebtedness of only two hundred dollars, and that the allégeá tender was not valid, rendered judgment for two hundred dollar's and costs,…
1Opinion of the Court
By the Court,
Lewis, C. J. :
The plaintiff brought his action, and prayed judgment for the sum of four hundred and fifty dollars, but recovered only the sum of two hundred dollars, which amount the defendant admitted by her answer to be due. The District Court rendered judgment for that sum with costs. The defendant claims that no costs should have been allowed, and upon that ground takes this appeal. .
It is declared by section four hundred and seventy-eight of the Practice Act, that “ no costs shall be allowed in an action for the recovery of money or damages where the plaintiff recovers less…
2Cases cited2 opinions
- Howard v. RichardsNevada Supreme Court · 1866
- Mudgett v. HorrellCalifornia Supreme Court · 1867
3Cited by5 opinions
- Comstock Mill & Mining Co. v. AllenNevada Supreme Court · 1892
- Denver Brick Manufacturing Co. v. McAllisterSupreme Court of Colorado · 1882
- Frevert v. HenryNevada Supreme Court · 1879
- Quinn v. QuinnNevada Supreme Court · 1903
- Williams v. RiceNevada Supreme Court · 1878