Goldfield Mohawk Mining Co. v. Frances-Mohawk Mining & Leasing Co.
Nevada Supreme Court
Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by the Goldfield Mohawk Mining Company against the Frances-Mohawk M.ining .and Leasing Company. From an. order granting a new trial, plaintiff appeals. The facts-sufficiently -appear in the opinion.
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Appeal from the Seventh Judicial District Court, Esmeralda County, Nevada; Theron Stevens, Judge. Action by the Goldfield Mohawk Mining Company against the Frances-Mohawk M.ining .and Leasing Company. From an. order granting a new trial, plaintiff appeals. The facts-sufficiently -appear in the opinion. The plaintiff-appellant was in law entitled to the exercise of a sound legal discretion by the court below, and by a misconception .on the .part of the judge of said court, constituting reversible error,, the order was improvidently made* -without the exercise ..of any legal discretion, and…
1Per curiam
This is an appeal from an order granting a new trial, and is the second appeal in the action. (33 Nev. 491, 503.)
Respondent upon this appeal was appellant upon the former appeal, and the question there determined was whether the order denying the motion for a new trial had been improvidently entered because "the trial judge in the present case, misconceiving his judicial duty, fell into grave error in failing and-refusing to pass upon this ground (insufficiency of the evidence to justify the verdict) assigned by the defendant for a new trial.” For this reason the order denying the motion for…
2Cases cited13 opinions
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Edwards v. Carson Water Co.Nevada Supreme Court · 1893
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Jones v. ChildsNevada Supreme Court · 1872
- Treadway v. WilderNevada Supreme Court · 1873
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3Cited by1 opinion
- Nevada Rock & Sand Co. v. GrichNevada Supreme Court · 1939