Reports of Cases Determined by the Supreme Court of the State of Nevada Volume 1
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Reports of Cases Determined by the Supreme Court of the State of Nevada Volume 1

Reports of Cases Determined by the Supreme Court of the State of Nevada Volume 1


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ... default against the defendants Driscoll and Gage. The order from which this appeal was taken, was made in the same term in which judgment was entered. Defendants counsel relies entirely upon the point that no appeal can be taken from an order of this character. The record shows that judgment was entered against the defendants Driscoll and Gage, and that upon the next day after the entry thereof, the defendants, by their counsel, moved to set the same aside, which was done. Section 285 of the Practice Act provides that an appeal may be taken to the Supreme Court from the District Courts in certain cases, among others from any special order made after final judgment. The appeal in this case is taken from such an order, and cannot therefore be dismissed. It is also urged upon the argument of this case that judgment by default cannot be rendered in an action of this char acter where unliquidated damages are claimed, but that a jury should have been called to assess the same. This was unquestionably the common law rule, but section 150 of the Practice Act seems to ignore it entirely. It provides the manner of entering judgment by default in two different classes of actions. First, where the action is on contract for the recovery of money or damages only, and there is a failure to answer, it is made the duty of the Clerk to enter the default, and immediately thereafter to enter a judgment; in the second class of actions, default is entered in the same manner, but it is made the duty of the plaintiff to apply to the Court for the relief demanded in his complaint; and it is also provided that if the taking of an account, or proof of any fact be necessary to enable the Court to give judgment, the Court...


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Product Details
  • ISBN-13: 9781234256050
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 242
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1234256053
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr


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