Dean v. Pritchard
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County. This was an action to recover $6,275 50 for hay sold to defendant, boarding furnished defendant’s hired man, and horse feed, with interest and costs. Defendant set up a counter claim, exceeding the amount demanded by plaintiff. There was a verdict and judgment in favor of plaintiff for $5,747 13, with interest and costs.
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Appeal from the District Court of the Sixth Judicial District, Eureka County. This was an action to recover $6,275 50 for hay sold to defendant, boarding furnished defendant’s hired man, and horse feed, with interest and costs. Defendant set up a counter claim, exceeding the amount demanded by plaintiff. There was a verdict and judgment in favor of plaintiff for $5,747 13, with interest and costs. Defendant moved for a new trial; and an order was made that if plaintiff would remit $3,605 of his judgment, the motion should he denied; but if not, a new trial should be granted. Plaintiff…
1Opinion of the Court
By the Court,
Whitman, C. J,:
The order for a new trial, from which this appeal springs, is based upon certain affidavits which are not identified as having been used upon the motion, as by statute provided. “To identify the affidavits, it shall be sufficient for the judge or clerk to indorse them at the time as having been read or referred to on the hearing. ” 1 Comp. Laws, 347. Objection is made by appellant to the consideration of such affidavits. To meet this objection, respondent offers a memorandum of the district judge to the desired effect, but made after the filing of the transcript in…
2Cases cited1 opinion
- White v. WhiteNevada Supreme Court · 1870
3Cited by6 opinions
- Robinson v. Helena Light & Ry. Co.Montana Supreme Court · 1909
- Hanson v. ChiatovichNevada Supreme Court · 1878
- Albion Consolidated Mining Co. v. Richmond Mining Co.Nevada Supreme Court · 1885
- Botsford v. Van RiperNevada Supreme Court · 1910
- Crosby v. North Bonanza Silver Mining Co.Nevada Supreme Court · 1895
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