Street v. Lemon Mill & Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action to recover the possession of a certain mining claim, known as the “Hidden Jewel,” in Eureka Mining District, Lander County. There was a verdict and judgment for plaintiff. Defendant moved for a new trial and gave notice of the motion as stated in the opinion. The motion being overruled, defendant appealed from the order and judgment.
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Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action to recover the possession of a certain mining claim, known as the “Hidden Jewel,” in Eureka Mining District, Lander County. There was a verdict and judgment for plaintiff. Defendant moved for a new trial and gave notice of the motion as stated in the opinion. The motion being overruled, defendant appealed from the order and judgment. Respondent objects to the consideration of any objections of appellant, because no notice of motion to move for new trial was ever given in the court below. That…
1Opinion of the Court
By the Court,
Hawley, J.:
This appeal is from an order of the court below refusing a new trial. Respondent objects to any consideration of appellant’s statement and claims that no notice of intention to move fox a new trial was ever given as by law required. The notice given by appellant reads as follows : “Take notice that said defendant hereby moves the said court to set aside the verdict and judgment rendered and entered in the above entitled cause and to grant a new trial of said cause ; said motion is based upon á statement to be hereafter filed.”
*253The Practice Act provides, that the party…
2Cases cited3 opinions
- Calderwood v. BrooksCalifornia Supreme Court · 1865
- Flateau v. LubeckCalifornia Supreme Court · 1864
- Wright v. SnowballCalifornia Supreme Court · 1873
3Cited by2 opinions
- Tootle v. PetrieSouth Dakota Supreme Court · 1895
- Saval v. BlumeNevada Supreme Court · 1917