Gardner v. Pacific Power Co.
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. Action by G. M. Gardner against the Pacific Power Company. From an adverse order, defendant appeals. Pursuant to notice duly given, respondent asks this court for an order to strike out the purported assignment of errors. Said assignment, as a whole, is not properly before this court, and should be stricken.
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Appeal from Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. Action by G. M. Gardner against the Pacific Power Company. From an adverse order, defendant appeals. Pursuant to notice duly given, respondent asks this court for an order to strike out the purported assignment of errors. Said assignment, as a whole, is not properly before this court, and should be stricken. (Stats. 1915, p. 166; Rev. Laws, 5322, 5330.) Respondent also asks for an order affirming the order of the district court denying the motion of defendant for a new trial, and affirming the judgment of the…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal from an order denying a motion for a new trial.
1. The appeal was taken April 25, 1916. On June 24, 1916, appellant filed with the clerk of this court its assignment of errors; but, so far as appears of record, no service thereof was made upon the adverse party. Respondent, in apt time, moved to strike out the assignments of errors, upon two grounds: First, for the reason that it was not filed within the time provided by section 13, c. 142, p. 166, Statutes of 1915; and, second, for the reason that no memorandum of errors was served upon the…
2Cases cited6 opinions
- State v. Ah ChueyNevada Supreme Court · 1879
- St. Benedict's Abbey v. Marion CountyOregon Supreme Court · 1908
- State v. MyattNevada Supreme Court · 1875
- Goodhue v. SheddNevada Supreme Court · 1882
- Mathewson v. BoyleNevada Supreme Court · 1887
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