Legal Opinion

State v. Eberhart Co.

Nevada Supreme Court

Decided October 15, 1870PublishedCited by 1 opinion

Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action brought in the name of the State by the district attorney of Lander County, against the Eberhart Company, F. Drake, E. Applegarth, — Sprowl, — Barría, J. W. Crawford, and the Eberhart mine and ledge, to recover one thousand eight hundred and forty-five dollars and fifty-eight cents, a balance of taxes on the proceeds of the Eberhart mine for the last quarter of 1868. The entire…

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Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action brought in the name of the State by the district attorney of Lander County, against the Eberhart Company, F. Drake, E. Applegarth, — Sprowl, — Barría, J. W. Crawford, and the Eberhart mine and ledge, to recover one thousand eight hundred and forty-five dollars and fifty-eight cents, a balance of taxes on the proceeds of the Eberhart mine for the last quarter of 1868. The entire tax for the quarter was seven thousand one hundred and thirty-six dollars and twenty-four cents, of which five thousand…

1Opinion of the Court

By the Court,

Lewis, C. J.:

This appeal purports to be from a judgment, and also from an order .overruling a motion for new trial, neither of which, however, appears in the record ; nor does the transcript contain any settled or agreed statement either on motion for new trial or on appeal, nor any bill of exceptions ; hence there is nothing before us which can be reviewed.

This failure to bring up the case as the Practice Act plainly requires, deprives the county of a hearing on the merits, and makes it incumbent on this Court to dismiss the appeal.

It is so ordered.

2Cited by1 opinion

  1. Mexican Dam & Ditch Co. v. SchultzNevada Supreme Court · 1921

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