Elder v. Frevert
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. Motion to strike out statement on motion for new trial, and to dismiss the appeal. The facts appear in the opinion. I. The five days allowed by statute to file and serve the statement expired before the order of court extending the time was made, and consequently came too late to operate as an extension of time.
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Appeal from the District Court of the Second Judicial District, Ormsby County. Motion to strike out statement on motion for new trial, and to dismiss the appeal. The facts appear in the opinion. I. The five days allowed by statute to file and serve the statement expired before the order of court extending the time was made, and consequently came too late to operate as an extension of time. (Clarke v. Strouse, 11 Nev. 79; Bear River Go. v. Boles, 24 Cal. 354.) A statement must be filed and served in time, and if not so filed will be stricken out on motion. (Whitmore v. Shiverick, 3 Nev. 300 ;…
1Opinion of the Court
By the Court,
Belknap, J.:
Respondent moves the court to strike out the statement on motion for new trial, upon the ground that it was not filed within the time required by law; and also to dismiss the appeal because there is no proof of service of the notice of appeal. The cause was tried by the court. Notice of motion for new trial was filed and served on the twenty-seventh day of March, aud within ten days after appellant had received written notice of the decision. The statement on motion for new trial should have been filed within five days thereafter, unless the time for filing was…
2Cases cited8 opinions
- Hegeler v. HenckellCalifornia Supreme Court · 1865
- Polhemus v. CarpenterCalifornia Supreme Court · 1871
- Moore v. BesseCalifornia Supreme Court · 1868
- Clark v. StrouseNevada Supreme Court · 1876
- Campbell v. SpencerNew York Supreme Court · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
- Mendini v. MilnerIdaho Supreme Court · 1929
- Robinson v. BensonNevada Supreme Court · 1886
- Robinson v. KindNevada Supreme Court · 1900
- State Ex Rel. Hoppin v. CheneyNevada Supreme Court · 1898
8 more not listed; retrieve them via the Exa API.