McWilliams v. Herschman
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The plaintiff alleged in his complaint that he had loaned defendant three thousand dollars, of which defendant had paid him three hundred dollars; and he demanded judgment for two thousand seven hundred dollars.
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Appeal from the District Court of the First Judicial District, Storey County. The plaintiff alleged in his complaint that he had loaned defendant three thousand dollars, of which defendant had paid him three hundred dollars; and he demanded judgment for two thousand seven hundred dollars. Defendant in his answer set up that in playing a game of chance with plaintiff, he had borrowed of him some three hundred dollars to stake on the game; that he lost and paid; and that then they “ played for stakes without the money up,” at the same time denying any other borrowing. claimed that a new trial…
1Opinion of the Court
By the Court,
Lewis, C. J.:
■ The trial in this case resulted in a verdict in favor of the defendant, whereupon the plaintiff gave notice of motion for new trial *265to be made upon tbe sole ground of errors in law occurring at the trial. A statement to be used on such motion was prepared and filed within the proper time, but the only assignment of error was as stated in the notice, “ error in law occurring at the trial,” unaccompanied by any particular specifications as required by the Practice Act. Upon this statement, the Court below granted a new trial. From -the order so made the defendant…
2Cited by3 opinions
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- Iowa Mining Co. v. Bonanza Mining Co.Nevada Supreme Court · 1881
- Gamble v. HanchettNevada Supreme Court · 1912