Richards v. Steele

On Petition for Rehearing

For former opinion see 60 Nev. 66, 99 P. (2d) 641.

OPINION

By the Court,

Taber, C. J.:

While it is true, as stated in the opinion on the first appeal in this case (59 Nev. 121, 86 P. (2d) 80, 31), that “The pleadings do not constitute evidence,” it is equally true, as said in the same opinion, that “A fact alleged in a pleading verified by a party to an action, which is not denied, is admitted.” This is one of the primary rules of pleading, and is elementary. 20 Am. Jur. 532, sec. 630; 21 R. C. L. 561, 562, sec. 120, nn. 10, 14.

Defendant himself alleges in his answer that…