Libby v. Dalton
Nevada Supreme Court
Appeal from the District Court of the .Second Judicial District, "Washoe County. This was an action against Peter Dalton as principal and John S. Bowker and A. A. Longley as sureties, on an injunction undertaking to recover the sum of fifteen hundred and fifty dollars damages. There was a verdict and judgment for plaintiff in the sum of seven hundred and fifty dollars.
Read the full summary
Appeal from the District Court of the .Second Judicial District, "Washoe County. This was an action against Peter Dalton as principal and John S. Bowker and A. A. Longley as sureties, on an injunction undertaking to recover the sum of fifteen hundred and fifty dollars damages. There was a verdict and judgment for plaintiff in the sum of seven hundred and fifty dollars. Afterwards a motion for a new trial was made by defendants, on the grounds, among others, of excessive damages and insufficiency of the evidence to justify the verdict; and a statement was filed upon said motion, certified by…
1DissentBy Hawley, J.
The rule requiring that statements on motion for new trial must contain all the evidence where a verdict is sought to be reversed upon the ground of ‘ ‘ insufficiency of evidence, ” was established by the appellate court, upon the ground that it was incumbent upon the party seeking the reversal affirmatively to show error, and that, in the event of a failure by appellant to show that the statement contains all the evidence, the appellate court presumes that every fact essential to sustain the judgment or order was fully proven. Sherwood v. Sissa, 5 Nev. 353; Bowker v. Goodwin, 7 Nev. 137.
Adopt…
2Cases cited3 opinions
- Sherwood v. SissaNevada Supreme Court · 1870
- State v. StanleyNevada Supreme Court · 1868
- Dickinson v. Van HornCalifornia Supreme Court · 1858