Daly v. Lahontan Mines Co.
Nevada Supreme Court
Appeal from the First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by J. H. Daly against the Lahontan Mines Company and others. Judgment for defendants, and plaintiff appeals. The complaint is in the nature of a bill in equity, the sufficiency of which is attacked by general demurrer. If any matter set forth is proper for equitable relief, the demurrer should have been overruled.
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Appeal from the First Judicial District Court, Lyon County; Frank P. Langan, Judge. Action by J. H. Daly against the Lahontan Mines Company and others. Judgment for defendants, and plaintiff appeals. The complaint is in the nature of a bill in equity, the sufficiency of which is attacked by general demurrer. If any matter set forth is proper for equitable relief, the demurrer should have been overruled. (16 Cyc. 272.) Equity will always entertain jurisdiction of actions to quiet title, because of the fuller remedy afforded. (32 Cyc. 1305.) Under our statutes, the setting forth of a mere…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal from a judgment for costs in favor of defendants, respondents herein, following an order sustaining a general demurrer to appellant’s complaint.
The complaint alleges that during the year 1910 the Ramsey Comstock Mining Company, a foreign corporation, was engaged in mining in Lyon County, and became indebted to numerous persons. That on November 11, 1910, one John Topogna commenced an action in the district court of Lyon County to foreclose a mechanic’s *18lien; that on the same day a similar suit was commenced by one M. G. Gardella, and that the two…
2Cases cited4 opinions
- James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Mars v. McKayCalifornia Supreme Court · 1859
- Karns v. State Bank & Trust Co.Nevada Supreme Court · 1909
3Cited by11 opinions
- Phillips v. Snowden Placer Co.Nevada Supreme Court · 1916
- Buhecker v. R.B. Petersen & Sons Construction Co.Nevada Supreme Court · 1996
- Holtzman v. BennettNevada Supreme Court · 1924
- Douglas Milling & Power Co. v. RickeyNevada Supreme Court · 1923
- Richmond MacHinery Co. v. BennettNevada Supreme Court · 1924
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