Fogg v. Nevada-California-Oregon Railway
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. There is no misjoinder of parties plaintiff. (Gen. Stat. 3034.) The subject of this action is the nuisance complained of. (Lapham v. Osborne, ante.) The plaintiffs have a common interest in the subject of the action, and in obtaining the relief demanded. (Atchison 3. B. Co. v. Nave, 38 Kan. 744; 5 Am.
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Appeal from the District Court of the State of Nevada, Washoe County. R. R. Bigelow, District Judge. The facts are stated in the opinion. I. There is no misjoinder of parties plaintiff. (Gen. Stat. 3034.) The subject of this action is the nuisance complained of. (Lapham v. Osborne, ante.) The plaintiffs have a common interest in the subject of the action, and in obtaining the relief demanded. (Atchison 3. B. Co. v. Nave, 38 Kan. 744; 5 Am. St. Rep. 800; Palmer v. Waddell, 22 Kan. 352; Jeffers v. Forbes, 28 Kan. 19; Reid v. Gifford, Hop. Oh. 47; Schultz v. Winters, 7 Nev. 133; Murray v. Nay, 1…
1Opinion of the Court
By the Court,
Hawley, O. J.;
Action to restrain a nuisance. Demurrers to the complaint were interposed upon the grounds, (1) that the complaint does not state facts sufficient to constitute a cause of action; (2) that there is a misjoinder of parties plaintiffs; (3) that there is a misjoinder of causes of action. The demurrers were sustained, and judgment by default entered in favor of defendants for their costs. Plaintiffs appeal.
The complaint alleges that plaintiffs, Eogg, Brookins and Peterson, are the separate owners of three certain town lots in Reno; that each of said plaintiffs has a…
2Cases cited17 opinions
- Tate v. Ohio & Mississippi RailroadIndiana Supreme Court · 1858
- Houck v. WachterCourt of Appeals of Maryland · 1871
- Robinson v. BaughMichigan Supreme Court · 1875
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- McCowan v. WhitesidesIndiana Supreme Court · 1869
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