Haley v. Eureka County Bank
Nevada Supreme Court
Appeal from the District Court of the State' of Nevada, Eureka County. A. L. Fitzgerald, District Judge. * I. The only purpose of the action, as claimed by defendants, was to quiet their title. The attorney for the plaintiff was employed by defendants for that purpose. His action in taking the default was the authorized act .of the defendants, and is binding upon them. (Weeks on Attys., Sec. 217.) II.
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Appeal from the District Court of the State' of Nevada, Eureka County. A. L. Fitzgerald, District Judge. * I. The only purpose of the action, as claimed by defendants, was to quiet their title. The attorney for the plaintiff was employed by defendants for that purpose. His action in taking the default was the authorized act .of the defendants, and is binding upon them. (Weeks on Attys., Sec. 217.) II. The court below should have stricken out all evidence of any agreement with the attorney of plaintiff, on the ground that it was not in 'writing. (Gen. Stat. 2ó38; Borhheim v. North B. III. -The…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This appeal is taken from an order of the district court granting defendants’ motion to set aside the default of said defendants. The proceedings do not in any manner affect the Eureka County Bank, but relate to all the other defendants, viz.: R. Sadler, John Torre, Charles Barbieri, and the Nevada Stage and Transportation Company. The allegations of the complaint in this action are that the plaintiff is the owner of, and entitled to the possession of, certain designated personal property, formerly “used by one W. J. Townshend in connection with the stage line and…
2Cases cited11 opinions
- McDonald v. SmalleySupreme Court of the United States · 1828
- Patterson & Frisbie v. ElyCalifornia Supreme Court · 1861
- Borkheim v. North British & Mercantile Insurance Co.California Supreme Court · 1869
- Merritt v. WilcoxCalifornia Supreme Court · 1877
- Lightle v. IvancovichNevada Supreme Court · 1875
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3Cited by24 opinions
- Hotel Last Frontier Corp. v. Frontier Properties, Inc.Nevada Supreme Court · 1963
- Lindauer v. AllenNevada Supreme Court · 1969
- Collins v. Superior CourtArizona Supreme Court · 1936
- Haley v. Eureka County BankNevada Supreme Court · 1891
- State v. ConneryNevada Supreme Court · 1983
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