Pierce v. Traver
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts sufficiently appear in the opinion. I. The court below erred in permitting defendant to attempt to prove fraud by witness Pierce, as it was not alleged in the answer. (Maynard v. F. F. Ins. Co., 34 Cal. 48, and cases cited.) II. The court erred in permitting defendants to amend their answer, after the trial, argument and submission of the case. (Gillam y.
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Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts sufficiently appear in the opinion. I. The court below erred in permitting defendant to attempt to prove fraud by witness Pierce, as it was not alleged in the answer. (Maynard v. F. F. Ins. Co., 34 Cal. 48, and cases cited.) II. The court erred in permitting defendants to amend their answer, after the trial, argument and submission of the case. (Gillam y. Sigman, 29 Cal. 637; MeMinn v. O’Connor, 27 Id. 238; Stringers. Davis, 30 Id. 318.) The evidence is insufficient to justify the findings and judgment…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The important question in this case is whether or not the testimony is sufficient to sustain the judgment appealed from. On the eleventh day of December, 1876, John A. McDonald executed and delivered to the plaintiffs a deed conveying the real estate, the title to which is sought to be quieted by this action.
The answer of defendants alleges that although the deed was in form absolute yet the fact is that it was, when made and recorded, intended by the parties to be a mortgage to secure the payment of one hundred and fifty-five dollars and five cents. In an amendment…
2Cases cited1 opinion
- Bingham v. ThompsonNevada Supreme Court · 1868
3Cited by5 opinions
- Swallow Ranches, Inc. v. BidartCourt of Appeals for the Ninth Circuit · 1975
- Robinson v. DurstonNevada Supreme Court · 1967
- Schmidt v. HortonNevada Supreme Court · 1930
- Hannig v. CongerNevada Supreme Court · 1933
- Swallow Rancches, Inc. v. BidartCourt of Appeals for the Ninth Circuit · 1975