Mariner v. Milisich
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by J. D. Mariner against Steve Milisich. Judgment for plaintiff, and defendant appeals. (Sanders, C. J., dissenting in part.) The judgment should be modified so as to make it conform to the prayer of the complaint. There was no demand for an attorney’s fee, nor for a decree that title should vest in plaintiff until all balances due on the piano should be paid.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by J. D. Mariner against Steve Milisich. Judgment for plaintiff, and defendant appeals. (Sanders, C. J., dissenting in part.) The judgment should be modified so as to make it conform to the prayer of the complaint. There was no demand for an attorney’s fee, nor for a decree that title should vest in plaintiff until all balances due on the piano should be paid. Rev. Laws, 5038, 5236, 5241. The demand for relief, which is the prayer of the complaint, must be measured and determined by the defendant as the…
1Opinion of the Court
By the Court,
Ducker, J.:
In this action appellant gave a note in payment for • a piano, and the note forms part of an instrument in writing wherein it was agreed, among other things, that respondent should hold title to .the piano until all sums agreed to be paid and any judgment therefor were paid. It was also agreed, in case action was brought on the agreement, or for the recovery of the piano, that appellant pay a reasonable attorney fee. .
A copy of the note and the agreements is attached to the complaint and made a part thereof. The prayer of the complaint is as follows:
“Wherefore…
2Cases cited4 opinions
- Brooks v. ForingtonCalifornia Supreme Court · 1897
- Buena Vista Fruit & Vineyard Co. v. TuohyCalifornia Supreme Court · 1895
- Marshall v. Golden Fleece G. & S. M. Co.Nevada Supreme Court · 1881
- Dixon v. Second Judicial District Court of the State of Nevada ex rel. County of WashoeNevada Supreme Court · 1920
3Cited by6 opinions
- Consumers League of Nevada v. Southwest Gas Corp.Nevada Supreme Court · 1978
- Women's Federal S & L Ass'n v. Nevada Nat. BankDistrict Court, D. Nevada · 1985
- Sellai v. LemmonNevada Supreme Court · 1944
- Schultz v. Mexican Dam & Ditch Co.Nevada Supreme Court · 1924
- Consumers League of Nevada v. Southwest Gas Corp.Nevada Supreme Court · 1978
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