Perley v. Forman
Nevada Supreme Court
Appeal 'from the District Court of the Seventh Judicial District, Lincoln County. The plaintiff alleged that in July, 1871, he employed Thomas Grieves, Avho was also made a defendant in this action, to proceed from Pioche, in Lincoln County, to Fillmore, in Utah Territory, and purchase from one John McNeill at the latter place two hundred feet of mining ground situate in the Ely Mining District of Lincoln County; that Grieves was to take such purchase in his own name but for…
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Appeal 'from the District Court of the Seventh Judicial District, Lincoln County. The plaintiff alleged that in July, 1871, he employed Thomas Grieves, Avho was also made a defendant in this action, to proceed from Pioche, in Lincoln County, to Fillmore, in Utah Territory, and purchase from one John McNeill at the latter place two hundred feet of mining ground situate in the Ely Mining District of Lincoln County; that Grieves was to take such purchase in his own name but for the plaintiff’s use and benefit; that he furnished Grieves with $40 to pay his fare and $100 to buy the mining ground,…
1Opinion of the Court
By the Court,
Whitman, J.:
To the complaint of respondent, the main allegations of which so far as the appellant is concerned are made upon “ information and belief,” a full and positive denial is made by answer; thereupon a motion to dissolve the injunction previously granted without notice. The evidence introduced upon the hearing of such motion entirely failed to sustain any of the material allegations, against appellant. The only testimony which in the remotest degree tended thereto, that of O’Connell, should have been excluded under the objection made. Still the motion was denied. Under…
2Cited by1 opinion
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