Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1877-08-03
SUPREME COURT DECISIONS.

The following cases of these argued anc
submitted during the July term have already
been decided. We give also a brief synopsis
of the points at issue:
John McCausland vs.. A. J. Ralston, admr
of estate Of T. f. Smith. First District
Court, Storey County. Judgment affirmed.
Opinion by Hawley @. J. This action was
brought by plaintiff to recover the sum OF
| 222, 812 90, alleged to be due upon certain
promisary notes, executed and delivered to
him by T. F. Smith since deceased. The
only controversy between the parties was in
regard to 6 controversy as to the validity of a
note for the sum of 5000
In the matter of the application Of Shep-
herd L. Wixon for the writ of certiorari.
Petition dismissed, opinion by Beatty, J, The
Petitioner was convicted of q felony in the
District Court for Lander county. The time
within which he might have appealed from
the judgment having elapsed. The petition
was presented for writ Of certiorari, com
ceedings ON the trial of the Indictment
John P Foulks respondent VS.. B. F.
Rhodes applt. Judgment of District Court,
reversed, opinion OF Beatty. This is suit
upon a pronisary note of the defendent
payable to plaintiff one day after date, and
upon an account for goods sold and money
advanced by the plaintiff to the defendent
prior 10 the commencement OF the action.
The defendent admitted an original indebt-
edness of nearly the amount claimed, but
pleads payment and counter claims. The
plaintiff demurred to the answer on the
general ground that the facts stated therein
did not constitute any defense 10 the action
and the demurrer as to the counter claims
was sustained The question decided was
whether the Court erred in sustaining the
demurrer
The state Of Nevada respt. All Nook applt.
The judgment III the District Court affirmed,
opinion by Beatty. Dissenting opinion by
Hawley, G. J. The defendant in this case
appealed from conviction of murder in the
second degree. The principal point made in
support OF the appeal was that the District
Court had erred in its charge to the jury.
Miles CULLEN, surviving partner, &c,
Respondents. George ". Arnold and Louis
Sultan, Appellants The judgment and or
der appealed from reversed and cause re-
manded Opinion by Beatty, J. Dissenting
opinion by Hawley, c. J. This was a suit
upon an undertaking executed by the de-
PENDANTS as sureties in order to procure the
discharge OF an attachment which had been
levied on the goods of John A. Steele, the
defendant in an action entitled as follows
Miles CULLEN, and John Donahoe admr. of
the estate of Edward Donahoe deceased, !
Plaintiffs VS. John A. Steele, defendant.
S. + Thorne, Respondent vs.. L. D. Swee
ney, ct al Appellants. The order of the
District Court refusing to dissolve the in
junction is reversed, the injunction is dis
solved, and the cause remanded for further
Opinion by Hawley, c. j., the
whole bench concurring. This appeal is
from an order refusing to dissolve tempo
rary injunction, and involves the question of
the right OF any person to run water through
another mans land under the Act of the
Legislature approved March 3, 1866.
Ex-parte John B. Robinson. Opinion by
Hawley, c. j. The petitioner was remain
led into custody. The question involved
Eas the constitutionality of an Act of the
Legislature approved February 20, 1877, and
Known as the drummer law
These are all the cases of Importance which
lave been decided during the July term.