Brandon v. West
Nevada Supreme Court
Petition for rehearing. Motion to set aside or modify the decision and order of the Supreme Court made on petition for rehearing. The facts sufficiently appear in the opinion. I. This court has inadvertently stated: "From a judgment in favor of the defendants, for their costs, and an order overruling a motion for a new trial, this appeal is taken.”
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Petition for rehearing. Motion to set aside or modify the decision and order of the Supreme Court made on petition for rehearing. The facts sufficiently appear in the opinion. I. This court has inadvertently stated: "From a judgment in favor of the defendants, for their costs, and an order overruling a motion for a new trial, this appeal is taken.” It is true the appellant gave notice that he would appeal from both the order overruling his motion for a new trial and the judgment, but it is equally true that he did not appeal from the judgment. Section 336 of the practice act provides: "A copy…
1Opinion of the Court
*138By the Court,
Talbot, J.:
The respondents petition for a rehearing in this action, or a modification of the order entered therein, on the following grounds: "That no appeal was ever taken from the judgment herein; that the only appeal which was taken was from the order denying plaintiff’s motion for a new trial, and the jurisdiction of this court is limited to affirming or reversing that order; and that the order entered directing judgment for plaintiff is not warranted, even had an appeal been taken from the judgment.” It is contended that the record on appeal does not contain the judgment…
2Cases cited11 opinions
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
- Merchants' National Bank v. GrunthalSupreme Court of Florida · 1897
- Gray v. GrayCalifornia Supreme Court · 1858
- Beck v. ThompsonNevada Supreme Court · 1895
- Williams v. CongerSupreme Court of the United States · 1888
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3Cited by11 opinions
- Whitehead v. Nevada Commission on Judicial DisciplineNevada Supreme Court · 1994
- Gamble v. HanchettNevada Supreme Court · 1912
- State v. ButnerNevada Supreme Court · 1950
- Belanger v. LeonardNevada Supreme Court · 1951
- Chowdhry v. NLVH, Inc.Nevada Supreme Court · 1995
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