Ruhling v. Hackett
Nevada Supreme Court
Appeal from the Second Judicial District of the State of Nevada, Ormsby County, Hon. S. H. Weight presiding. The demurrer being general to the complaint as a whole, if any cause of action is sustained by its allegations the judgment must be reversed.
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Appeal from the Second Judicial District of the State of Nevada, Ormsby County, Hon. S. H. Weight presiding. The demurrer being general to the complaint as a whole, if any cause of action is sustained by its allegations the judgment must be reversed. (10 Howard’s Practice R. 222 ; Martin v. MatUson, 8 Abbott’s, 3.) Nor is it material whether the complaint shows a right on the part of the plaintiff to the exact relief claimed; demurrer does not lie to the prayer for relief. {Beal v. Hayes, 2 Sand. 640; Andrews v. BKaffer, 12 How. Pr. 443; 15 lb. 314; Boll/ms v. Forbes, 10 Cal. 300.) We will…
1Concurrence
Opinion by
Lewis, C. J.,
full Bench concurring.
The bill in this case is brought to reform a mortgage, foreclose the same, and also to foreclose a vendor’s lien.
*364Tbe plaintiffs allege that on the 30th day of June, A. D. 1863, the defendant McKey made and delivered to one Zart-man his promissory note in writing, whereby for value received he promised to pay to Henry Zartman, or order, the sum of three thousand dollars, in United States gold coin, with interest at the rate of five per cent, per month; that, to secure the payment thereof, McKey made, executed and delivered to Zart-man his indenture…
2Cases cited7 opinions
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Wiswall v. HallNew York Court of Chancery · 1831
- Baynard v. NorrisCourt of Appeals of Maryland · 1847
- Mosby v. WallMississippi Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Acoustics, Inc. v. American Surety Co. of New YorkNevada Supreme Court · 1958
- Seyden v. FradeNevada Supreme Court · 1972
- Wainwright v. DunseathNevada Supreme Court · 1923
- Butler v. ThrelkeldSupreme Court of Iowa · 1902
- Lattin v. GrayNevada Supreme Court · 1959
8 more not listed; retrieve them via the Exa API.