Gamble v. Hanchett
Nevada Supreme Court
Petition for rehearing. [For former opinion, see 34 Nev. 351.] The facts sufficiently appear in the opinion. The judgment appealed from was not final, but merely interlocutory. Consequently it is nonappealable and for the same reason the trial court was without jurisdiction to hear or entertain a motion for a new trial, except to dismiss it, or, which is the same thing, to deny it as premature.
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Petition for rehearing. [For former opinion, see 34 Nev. 351.] The facts sufficiently appear in the opinion. The judgment appealed from was not final, but merely interlocutory. Consequently it is nonappealable and for the same reason the trial court was without jurisdiction to hear or entertain a motion for a new trial, except to dismiss it, or, which is the same thing, to deny it as premature. Hence the appeal from the judgment, being merely interlocutory, should be dismissed, and the order denying a new trial should be affirmed, or the appeal therefrom also dismissed, because the motion was…
1Opinion of the Court
By the Court,
Norcross, J.:
Upon petition for a rehearing, counsel for respondents raise, for the first time, the question of the jurisdiction of this court to consider and determine the appeal. Want of jurisdiction is urged upon the ground that the judgment entered in the court below was not a final judgment, and therefore an appeal therefrom would not lie.
This court has repeatedly held that questions raised for the first time on petition for rehearing will not be considered. (Kirman v. Johnson, 30 Nev. 154; Brandon v. West, 29 Nev. 135; Powell v. N. C. O. Ry., 28 Nev. 305, 343; Beck v.…
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- Costello v. ScottNevada Supreme Court · 1908
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