Stanton, Thompson & Co. v. Crane
Nevada Supreme Court
Appeal from the Second Judicial District Court, Washoe County; A. E. Cheney, Judge. Bill in equity by Stanton, Thompson & Co. against E. Crane and others. From a judgment for defendants, plaintiffs appeal. The facts sufficiently appear in the opinion. I. Respondents’ motion to dismiss tbis appeal, upon the ground that the notice of motion for a new trial and the statement on the motion were not filed in time, is not well founded.
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Appeal from the Second Judicial District Court, Washoe County; A. E. Cheney, Judge. Bill in equity by Stanton, Thompson & Co. against E. Crane and others. From a judgment for defendants, plaintiffs appeal. The facts sufficiently appear in the opinion. I. Respondents’ motion to dismiss tbis appeal, upon the ground that the notice of motion for a new trial and the statement on the motion were not filed in time, is not well founded. Counsel contends that the case was tried by a jury and that the motion and statement were not within the statutory time after the rendition of the verdict. Appellant…
1Opinion of the Court
By the Court,
Massey, J.:
We are asked to dismiss the appeal upon the ground that the notice of motion for a new trial was not filed within the time required by law.
The proceeding is one in equity, and the trial court called a jury, to which was submitted one special issue of fact, and the finding of the jury upon this question was adopted by the court. Assuming that the trial was within the rule requiring notice of motion for new trial to be given within five days after the rendition of the verdict, or requiring that any order extending the time within which such motion might be made should be…
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