Legal Opinion

Dixon v. Pruett

Nevada Supreme Court

Decided January 15, 1919No. Nos. 2331 and 2334PublishedCited by 5 opinions

Appeal from Second Judicial District Court, .Washoe County; Mark R. Averill, Judge. Action by J. B. Dixon against W. E. Pruett, as administrator of the estate of Nellie G. McCormick, deceased. Judgment for plaintiff, and defendant appeals; plaintiff prosecuting a cross-appeal. Coleman, J., dissenting.

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Appeal from Second Judicial District Court, .Washoe County; Mark R. Averill, Judge. Action by J. B. Dixon against W. E. Pruett, as administrator of the estate of Nellie G. McCormick, deceased. Judgment for plaintiff, and defendant appeals; plaintiff prosecuting a cross-appeal. Coleman, J., dissenting. It is the settled law of this state that the time in which to appeal runs from the date the judgment was pronounced by the court; that such pronouncement constitutes the rendition of the judgment; that all which follows is merely ministerial, and that the failure to take an appeal within the…

1Opinion of the Court

By the Court,

Sanders, J.:

1. This cause was submitted on briefs without argument. There are two appeals to be considered. One is that of the defendant, taken on the 26th day of January,. 1916, from a judgment entered on the 17th day of August, 1917; and the other is the cross-appeal of the plaintiff, taken on the 11th day of February, 1918, from the same judgment. The appellant moves for the dismissal of the cross-appeal, upon the ground' that it was not taken within six • months from the date of the rendition of the judgment (Rev. Laws, 5329) on July 26, 1917.

Conceding, as is argued, that the…

2Cases cited9 opinions

  1. Coppell v. HallSupreme Court of the United States · 1869
  2. Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
  3. Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
  4. McManus v. Western Assurance Co.New York Supreme Court · 1898
  5. Staten Island Midland Railroad v. HinchcliffeNew York Supreme Court · 1901

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3Cited by5 opinions

  1. Stanley v. A. Levy & J. Zentner Co.Nevada Supreme Court · 1941
  2. Hilton v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1919
  3. Thiess v. RapaportNevada Supreme Court · 1937
  4. Parks v. Western Union Telegraph Co.Nevada Supreme Court · 1922
  5. Gerbig v. GerbigNevada Supreme Court · 1942

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