Dixon v. Pruett
Nevada Supreme Court
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…
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