Peran v. Monroe
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, State of Nevada, Esmeralda County, Hon. S. H. Case presiding. The facts appear in the opinion. The notice of appeal in this case was made, served and filed July 11, 1865; the appeal cost bond filed July 15, 1865, and the judgment appealed from is dated July 12, 1864, A party lias one year to take an appeal from a final judgment.
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Appeal from the District Court of the Ninth Judicial District, State of Nevada, Esmeralda County, Hon. S. H. Case presiding. The facts appear in the opinion. The notice of appeal in this case was made, served and filed July 11, 1865; the appeal cost bond filed July 15, 1865, and the judgment appealed from is dated July 12, 1864, A party lias one year to take an appeal from a final judgment. (Act 1864, p. 81, sec. 30.) An appeal- is made or taken by tlie filing of the notice and service of a copy. (Act 1861, p. 362, see. 215.) The appeal is rendered effectual by the filing of the undertaking…
1Concurrence
Opinion by
Lewis, C. J.,
full Bench concurring.
It appears from the record in this case that the judgment of the Court below was rendered on the 12th day of July, A. D. 1864; that notice of appeal was filed and served on respondent’s counsel on the 11th day of July, A. D. 1865; but it seems the undertaking was not filed until the 15th of July, which was more than one year from the day the decree was rendered. Upon these facts it is claimed, on behalf of the respondent, that the appeal was not taken within the time limited by statute, and should therefore be dismissed. If no appeal is taken until…
2Cited by10 opinions
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- Johnson v. Badger Mill & Mining Co.Nevada Supreme Court · 1877
- Spafford v. White River Valley Land & Live Stock Co.Nevada Supreme Court · 1897
- Twilegar v. StevensNevada Supreme Court · 1926
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