Chamberlain v. Stern
Nevada Supreme Court
Appeal from tlie District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. Tlie answer alleged fraud on the part of the plaintiffs, and the defendant was denied by the court his legal right to prove it.
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Appeal from tlie District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. Tlie answer alleged fraud on the part of the plaintiffs, and the defendant was denied by the court his legal right to prove it. Failure of consideration, even inadequacy of price is proof (not per se sufficient or conclusive, but in connection with other evidence) to establish fraud; and if fraud be alleged, 'anything or fact tending to establish it, may be given in evidence. (Bump on Fraud. Conv., 507 el seg., and 541 el seg., and cases there cited; 2 Cal. 326; 6 Id. 47; 7…
1Opinion of the Court
By the Court,
Beatty, J.:
This is a suit to recover certain personal property consisting of a lot of horses, alleged to be Avrongfully and unlawfully detained by the defendant. The answer denies that they are the property of the plaintiffs, and alleges that they were seized by the defendant acting as constable under *270certain writs of attachment and execution against one Love-joy, who, it is averred, is the real owner. The case was tried in the district court without a jury and the findings and judgment were in favor of the plaintiffs. The defendant now appeals from the judgment and the order of…
2Cases cited1 opinion
- Gamble v. VollCalifornia Supreme Court · 1860
3Cited by1 opinion
- Nevada State Bank v. SnowdenNevada Supreme Court · 1969