Brown v. Warren
Nevada Supreme Court
Appeal from the District Court of the Second Judicial .District, Washoe County. The facts sufficiently appear in the opinion. I. That a court may impose terms upon granting a continuanee is regulated by the statute. (1 Comp. Laws, 482.) No provision is made for striking out an answer or prohibiting-defendants to introduce testimony. Being an order in the nature of a judgment for payment of money, it could not be enforced by execution. (1 Comp.
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Appeal from the District Court of the Second Judicial .District, Washoe County. The facts sufficiently appear in the opinion. I. That a court may impose terms upon granting a continuanee is regulated by the statute. (1 Comp. Laws, 482.) No provision is made for striking out an answer or prohibiting-defendants to introduce testimony. Being an order in the nature of a judgment for payment of money, it could not be enforced by execution. (1 Comp. Laws, 215.) Or payment demanded before continuance granted. Defendants knew nothing of this order. The remark of their attorney did not amount to a…
1Opinion of the Court
By the Court,
Belknap, J.
This action was commenced on the fourteenth day of May, 1878. In the month of January, 1880, a trial was had, In which plaintiff was non-suited. The judgment of non-suit was reversed by this court, and a new trial ordered. (16 Nev. 228.)
During- the month of September, 1881, the cause was set down for trial upon the first day of November following. On that day the defendants’ attorney was prevented by illness from trying the eause, and the trial was postponed for the term upon the condition, as stated by the record, “that the defendants pay the costs of plaintiff of his…
2Cases cited8 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Brown v. WarrenNevada Supreme Court · 1881
- Edwards v. LewisSupreme Court of Alabama · 1850
- Cox v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1875
- Gowen v. JonesSupreme Court of Alabama · 1852
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3Cited by3 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Ford v. SimmonsSupreme Court of Colorado · 1912
- Keller v. HarrisonSupreme Court of Iowa · 1910