Lightle v. Berning
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. I. No attachment was ever levied. The sheriff was never in possession. There was no consideration to support the promise of the undertaking. (Laveaga v. Wise, 13 Nev. 296.) II. The paper in suit is not an undertaking to release attached property. It is not so recited in the paper. It does not run to the plaintiff.
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Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. I. No attachment was ever levied. The sheriff was never in possession. There was no consideration to support the promise of the undertaking. (Laveaga v. Wise, 13 Nev. 296.) II. The paper in suit is not an undertaking to release attached property. It is not so recited in the paper. It does not run to the plaintiff. It was not made upon the order of the court or judge discharging the attachment. (1 Comp. L. 1200, 1201.) It is a simple promise to pay to the sheriff a sum of money…
1Opinion of the Court
By the Court,
Leonard, J.:
Plaintiff recovered judgment against defendants upon the following undertaking, to wit:
*391“ Carson Biyer, Douglas County, Nevada.
“We, tlie undersigned, agree to pay to P. H. Boan, sheriff of said county, the sum of five hundred and eighty-two dollars and sixty-two cents ($582.62) to satisfy any judgment not exceeding that amount, in the case now pending of Peter Lightle v. G. P. Smith. E. Berning,
“ September 16, 1875. - John S. Childs.”
Plaintiff is the assignee of Boan, the promisee named in the undertaking.
This appeal is taken from the judgment and from an order…
2Cases cited6 opinions
- Sharon v. MinnockNevada Supreme Court · 1871
- Mercein v. Andrus & MackNew York Supreme Court · 1833
- Palmer v. VanceCalifornia Supreme Court · 1859
- Garretson v. ReederSupreme Court of Iowa · 1867
- Olmstead v. GreenlyNew York Supreme Court · 1820
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3Cited by7 opinions
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- Langworthy v. ColemanNevada Supreme Court · 1884
- Covrig v. PowersNevada Supreme Court · 1958
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