Miller v. Thompson
Nevada Supreme Court
Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by Bessie Miller against W. B. Thompson. Judgment for the plaintiff, and the defendant appeals. The court erred in permitting the plaintiff on the day of the trial to amend her complaint without notice to the defendant or adverse party, or to his attorneys.
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Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by Bessie Miller against W. B. Thompson. Judgment for the plaintiff, and the defendant appeals. The court erred in permitting the plaintiff on the day of the trial to amend her complaint without notice to the defendant or adverse party, or to his attorneys. (Rev. Laws, 5084.) Plaintiff has secured a judgment in this case without a semblance of allegation in her amended pleadings entitling her to a recovery as prayed for in the amended prayer of the amended complaint. " It is error to render judgment…
1Opinion of the Court
*38By the Court,
McCarran, J.:
This is an action on contract. It appears from the record that the plaintiff had located mining claims on the open public domain in Fish Lake Valley, in Esmeralda County, Nevada, the land embraced within the claims amounting to some 65,000 acres.
The contract entered into by the parties and on which this action is founded was in part as follows:
"That for and in consideration of the sum of one hundred dollars ($100) in hand paid by the second party to said first party, the receipt whereof is hereby acknowledged, and other valuable considerations passing from second…
2Cases cited17 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Lee v. MurphyCalifornia Supreme Court · 1897
- Buckley v. BuckleyNevada Supreme Court · 1877
- McCausland v. RalstonNevada Supreme Court · 1877
- Nordyke & Marmon Co. v. KehlorSupreme Court of Missouri · 1900
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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