Henningsen v. Tonopah & Goldfield Railroad
Nevada Supreme Court
' Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by ft. M. Henningsen against the Tonopah and Goldfield Railroad Company. On motion to dismiss defendant’s appeal upon judgment for plaintiff. The facts sufficiently appear in the opinion.
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' Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by ft. M. Henningsen against the Tonopah and Goldfield Railroad Company. On motion to dismiss defendant’s appeal upon judgment for plaintiff. The facts sufficiently appear in the opinion. I. Rule XXY of the supreme court provides that" all transcripts of the record in any action or proceeding may be typewritten” (subdivision l), and that "when so typewritten * * * a copy thereof shall be served oil the opposite party” (subdivision 3). We take it that the rule…
1Opinion of the Court
By the Court,
Talbot, J.:
Respondent moves to strike the statement and transcript from the files and to dismiss the appeal upon the ground that no copy of the statement or transcript was served. The record was filed in this court on February 23,1909, and the notice of motion was not filed or served until the 19th day of April. After the filing of the record and previous to the noticing of the motion, the attorneys for the respective parties without reservation stipulated on the 13tli of March that the appellant have additional time "within which to prepare, print, serve, and file appellant’s…
2Cases cited2 opinions
- State ex rel. Curtis v. McCulloughNevada Supreme Court · 1867
- Smith v. Wells Estate Co.Nevada Supreme Court · 1907
3Cited by5 opinions
- Miller v. WalserNevada Supreme Court · 1919
- Shirk v. PalmerNevada Supreme Court · 1925
- Botsford v. Van RiperNevada Supreme Court · 1910
- Gamble v. HanchettNevada Supreme Court · 1912
- Shirk v. PalmerNevada Supreme Court · 1925