Wheeler v. Hurley
Nevada Supreme Court
1Opinion of the Court
Each material allegation of complaint, not controverted by answer must, for purposes of action, be taken as true. Stats. 1915, 193.
Denial that property is worth exact sum alleged in complaint is negative pregnant, and court can, upon such pleadings, in absence of further proof, find for any sum less than amount stated. If error thereby occurs it is of that infinitesimal character which can be of no injury. Blackie v. Cooney, 8 Nev. 45.
Party is entitled to benefit of admission in adversary's pleading and may without proof accept it as basis for judgment. Carlyon v. Lannan, 4 Nev. 160; Hixon v.…
2Cases cited8 opinions
- Jahns v. NoltingCalifornia Supreme Court · 1866
- Modern Woodmen of America v. TalbotNebraska Supreme Court · 1906
- Carlyon v. LannanNevada Supreme Court · 1868
- Gillson v. PriceNevada Supreme Court · 1883
- Hixon v. PixleyNevada Supreme Court · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- County of Clark v. StateNevada Supreme Court · 1948
- COTTONWOOD COVE CORPORATION v. BatesNevada Supreme Court · 1970
- Carroll v. CarrollNevada Supreme Court · 1928
- Siebert v. SmithNevada Supreme Court · 1926