Legal Opinion

Ward v. Pittsburg Silver Peak Gold Mining Co.

Nevada Supreme Court

Decided October 15, 1915No. 2120Published

Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals.

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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals. The following excerpt, taken from page 472 of the 37th Nevada Reports, is significant: “If such a bill of exceptions were so properly settled, it would be a bill of exceptions upon which an appeal could be taken, although it might be improperly labeled a ‘Memorandum of Exceptions.’ ” It is obvious, from the above direct statement in the first…

1Opinion

On Application to File Petition for Second Rehearing

By the Court,

McCarran, J.:

Since the rendition and filing of the opinion of this court on rehearing in the above-entitled case, an application has been made by appellant to be permitted to file a petition for second rehearing, and we are confronted with the question as to whether appellant is entitled to file such petition as a matter of right.

In the case of Trench v. Strong, 4 Nev. 87, this court held that it would be a mischievous practice .to sanction the filing of a second petition for rehearing, and that the same should not be permitted…

2Cases cited6 opinions

  1. Levert v. BerthelotSupreme Court of Louisiana · 1910
  2. Brandon v. WestNevada Supreme Court · 1906
  3. Roth v. MurrayTexas Supreme Court · 1911
  4. Leathe v. ThomasIllinois Supreme Court · 1908
  5. Trench v. StrongNevada Supreme Court · 1868

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