Marx v. Lewis
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Lander county; A. L. Fitzgerald, District Judge: Action by A. Marx against I. J. Lewis, doing business under tbe name of I. J. Lewis & Company. From an order setting aside a judgment by default, plaintiff appeals. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court,
Massey, J.:
This appeal is attempted to be taken from an order setting aside a judgment by default. No notice of appeal was ever filed or served, and no undertaking on appeal was ever made and filed. We find a stipulation of the attorneys in the record reciting, among other matters, that notice, of appeal and undertaking on appeal in the action are waived. The method of procedure in taking appeals is regulated by statute. Section 327 of the civil practice act, in direct terms, confers authority upon this court to review judgments and orders from which appeals can be taken in the…
2Cases cited1 opinion
- Menzies v. KennedyNevada Supreme Court · 1874
3Cited by12 opinions
- Territory of Hawaii ex rel. Holloway v. CottonHawaii Supreme Court · 1906
- Kirman v. JohnsonNevada Supreme Court · 1908
- Bliss v. GraysonNevada Supreme Court · 1899
- Canavan v. CanavanNew Mexico Supreme Court · 1914
- Smith v. Wells Estate Co.Nevada Supreme Court · 1907
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