Legal Opinion

Clarke v. Lyon County

Nevada Supreme Court

Decided January 15, 1873PublishedCited by 16 opinions

Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action by Robert M. Clarke and Thomas Wells, composing the law firm of Clarke & "Wells, to recover $5000 for legal services performed by them on behalf of defendant in defending the suit' of The Virginia and Truclcee Railroad Company v. Lyon County, in May and June, 1870, which case was here on a former appeal and will he found reported in 7 Nev. 75. After that decision, the action…

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Appeal from the District Court of the Second Judicial District, Ormsby County. This was an action by Robert M. Clarke and Thomas Wells, composing the law firm of Clarke & "Wells, to recover $5000 for legal services performed by them on behalf of defendant in defending the suit' of The Virginia and Truclcee Railroad Company v. Lyon County, in May and June, 1870, which case was here on a former appeal and will he found reported in 7 Nev. 75. After that decision, the action having been remanded, a second trial took place in the court below — upon which as appears from the opinion the facts were…

1Opinion of the Court

By the Court,

Hawley, J.:

An opinion was rendered at the October term, 1871, of this court, reversing this case upon the ground of error of the district court in refusing to give a certain instruction asked by defendant. Clarke et al. v. Lyon County, 7 Nev. 75. A new trial in the district court resulted in plaintiffs obtaining judgment for $5000. Sec. 1 of the act prescribing the manner of commencing and maintaining actions by or against counties provides that “actions against a county may be commenced in the district court of the judicial district embracing said county” (Stats. 1864, 45), and…

2Cases cited9 opinions

  1. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  2. Hornblower v. DudenCalifornia Supreme Court · 1868
  3. Watts v. WhiteCalifornia Supreme Court · 1859
  4. Williams v. KellerNevada Supreme Court · 1870
  5. Pearkes v. FreerCalifornia Supreme Court · 1858

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3Cited by16 opinions

  1. State ex rel. King County v. Superior CourtWashington Supreme Court · 1918
  2. Town of New Haven v. WestonSupreme Court of Vermont · 1913
  3. Farnsworth v. Union Pac. Coal Co.Utah Supreme Court · 1907
  4. Ex parte WhitmoreUtah Supreme Court · 1894
  5. City of Huron v. CampbellSouth Dakota Supreme Court · 1892

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