Legal Opinion

Howard v. Richards

Nevada Supreme Court

Decided July 1, 1866PublishedCited by 15 opinions

Appeal from the District Court of the Eighth Judicial District, Hon. D. Virgin presiding. The facts of this case are fully stated in the Opinion given in the case. Pirst. The Court below erred in overruling the demurrer to the complaint. 1st. Copies of the notes sued on are embodied in the complaint to supply the place of a statement of facts, required by Section 39 of the Code. ' (Prindle r. Garuthers, 15 N. Y. Rep. 428; Graves v. Palmer, 15 Cal. 415.) 2d.

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Appeal from the District Court of the Eighth Judicial District, Hon. D. Virgin presiding. The facts of this case are fully stated in the Opinion given in the case. Pirst. The Court below erred in overruling the demurrer to the complaint. 1st. Copies of the notes sued on are embodied in the complaint to supply the place of a statement of facts, required by Section 39 of the Code. ' (Prindle r. Garuthers, 15 N. Y. Rep. 428; Graves v. Palmer, 15 Cal. 415.) 2d. The two causes of action are jumbled into one count, without the necessary facts to constitute one good cause of action, or count, as…

1Opinion of the Court

Opinion by

Lewis, C. J., Brosnan, J\, concurring.

The complaint in this action was in the following form:

“ John Howard, the plaintiff, complains of the defendants, John Richards and Elias Richards, and for his cause of complaint alleges that heretofore, to wit: on the nineteenth day of February, A.p. 1864, the said defendants made, executed, and delivered to the plaintiff their promissory notes in writing, of which the following are copies:
“ Nevada Territory, Douglas County, 1 February 19th, 1864. j
“ $1000. On the first day of November next, for value received, we promise to pay John Howard,-or…

2Cases cited2 opinions

  1. Allen v. . PattersonNew York Court of Appeals · 1852
  2. Guy v. FranklinCalifornia Supreme Court · 1855

3Cited by15 opinions

  1. Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
  2. O'Donnell v. Sixth Judicial District CourtNevada Supreme Court · 1917
  3. Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
  4. Coffin v. CoffinNevada Supreme Court · 1917
  5. Imperial Silver Mining Co. v. BarstowNevada Supreme Court · 1869

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