Wheeler v. Floral Mill & Mining Co.
Nevada Supreme Court
Motion made by respondents to dismiss an appeal. Affidavits in support of the motion were filed showing the facts which are stated in the opinion. I. Appellant Light is estopped from ever claiming the right of appeal in this action. (Dezell v. Odell, 8 Hill, 215; Welland Canal Co. v. Hathaioay, 8 Wend. 483; Plumb v. Catt. Ins. Co., 18 N. T. 394.) II.
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Motion made by respondents to dismiss an appeal. Affidavits in support of the motion were filed showing the facts which are stated in the opinion. I. Appellant Light is estopped from ever claiming the right of appeal in this action. (Dezell v. Odell, 8 Hill, 215; Welland Canal Co. v. Hathaioay, 8 Wend. 483; Plumb v. Catt. Ins. Co., 18 N. T. 394.) II. A party may waive a right created in their favor by statute. {Bowen v. Aubrey, 22 Cal. 566; Bull v. Trustees of Loclcport, 3 Comst. 197; Tombs v. B. & S. Bailroad Co., 18 Barb. 584; People v. Wooster, 16 Cal. 435; Bingham et al. v. Thompson, 4…
1Opinion of the Court
By the Court,
Beatty, J.:
A supplemental and final decree was made and entered in this cause October 3, 1874, modifying the original decree in accordance with the order of this Court. (See 9 Nev. 254.) Subsequently, on November 10, 1874, the parties made the following stipulation, which was filed in the district court. After the title of the cause, “It is hereby agreed and stipulated by and between the plaintiffs to the *202above-entitled cause and said defendant, tbe Flora Mill and Mining Company and said O. H. Light—
“1st. That said defendants waive all right of appeal to the Supreme Court in said…
2Cases cited2 opinions
- Bingham v. ThompsonNevada Supreme Court · 1868
- Wheeler v. Floral Mill & Mining Co.Nevada Supreme Court · 1874
3Cited by6 opinions
- United States Consol. Seeded Raisin Co. v. Chaddock & Co.Court of Appeals for the Ninth Circuit · 1909
- Varnum v. GradyNevada Supreme Court · 1974
- Imperial Palace v. DawsonNevada Supreme Court · 1986
- Escere v. TorreNevada Supreme Court · 1879
- Padilla v. MasonNevada Supreme Court · 1931
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