Caldwell v. Greely
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. This was an action for au accounting and reconveyance of real estate. The plaintiff had leased of defendant certain mills known as the “ Petaluma,” “ Daney,” and “ Bowers,” and worked them. Afterwards, in July, 1867, becoming financially embarrassed, he assigned all,his property, real and personal, to defendant, who took possession and proceeded to pay off the claims against plaintiff.
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Appeal from the District Court of the First Judicial District, Storey County. This was an action for au accounting and reconveyance of real estate. The plaintiff had leased of defendant certain mills known as the “ Petaluma,” “ Daney,” and “ Bowers,” and worked them. Afterwards, in July, 1867, becoming financially embarrassed, he assigned all,his property, real and personal, to defendant, who took possession and proceeded to pay off the claims against plaintiff. Henry K. Mitchell, to whom the cause was referred, reported in favor of plaintiff for the reconveyance of real estate, and a money…
1Opinion of the Court
By the Court,
Lewis, 0. J.:
This appeal is taken from an order denying a new trial, and also from the judgment. The statement on the motion assigned as the grounds upon which it was to be made:
1st. Insufficiency of the evidence to justify the findings and report of the Referee.
2d. Insufficiency of the evidence to justify the judgment; and that it is against law.
3d. “ The Referee erred in admitting certain testimony, to the admission of which the defendant objected and excepted, as shown in the foregoing statement.”
These are the only grounds set out; and the statement contains no inore…
2Cases cited6 opinions
- Hutton v. ReedCalifornia Supreme Court · 1864
- Quivey v. GambertCalifornia Supreme Court · 1867
- Walls v. PrestonCalifornia Supreme Court · 1864
- Vilhac v. BivenCalifornia Supreme Court · 1865
- Wing v. OwenCalifornia Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bliss v. GraysonNevada Supreme Court · 1899
- State v. Central Pacific RailroadNevada Supreme Court · 1883
- Lamance v. ByrnesNevada Supreme Court · 1882
- Bliss v. GraysonNevada Supreme Court · 1899
- Smith Table Co. v. MadsenUtah Supreme Court · 1906