Ward v. Pittsburg Silver Peak Gold Mining Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals. The following excerpt, taken from page 472 of the 37th Nevada Reports, is significant: “If such a bill of exceptions were so properly settled, it would be a bill of exceptions upon which an appeal could be taken, although it might be improperly labeled a ‘Memorandum of Exceptions.’ ” It is obvious, from the above direct statement in the first…
1DissentNorcross, C. J.
While the question is not altogether free from doubt, nevertheless, when a liberal construction is applied to the provisions of the statute governing appeals (Rev. Laws, 5358), the facts disclosed by the certificate of the trial judge and the affidavits of respective counsel, filed in pursuance of the order for diminution of the record, will justify, in my judgment, a holding that the paper denominated a “Memorandum of Errors,” and filed and served as such under Rev. Laws, 5322, may also be regarded as a bill of exceptions under Rev. Laws, 5343.
Counsel for defendant and appellant in this…
2Cases cited2 opinions
- Peterson v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1914
- Ward v. Pittsburg Silver Peak Mining Co.Nevada Supreme Court · 1914