Legal Opinion

Hoffman v. Owens

Nevada Supreme Court

Decided July 15, 1909No. 1817PublishedCited by 2 opinions

Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. Action by F. P. Hoffman against J. J. Owens, Sheriff of Nye -County, and another. From a judgment in favor of plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. Since there was no such change of possession as the statute contemplates, the conveyance was void and the property remained subject to attachment by the creditors of J. H. Hoffman. (Goardy. Gunn, 29 Pac. 918; Cooky. Rockford, 12 Pac. 568; Goldstein y. Nunan, 6 Pac. 451; Allen y. Massey, 17…

1Opinion of the Court

By the Court,

Norcross, C. J.:

The record on appeal in this cause does not contain an undertaking on appeal, but, in lieu thereof, counsel for the *483respective parties have stipulated "that the giving of an undertaking on' appeal by the defendants and appellants in the above-entitled action be, and the same is hereby, waived, and the said appeal may be considered and heard by the Supreme Court of the State of Nevada in all respects as if an undertaking on appeal had been duly filed!’ Section 341 of the civil practice act (Comp. Laws, 3436) provides: "To render an appeal effectual for any purpose,…

2Cases cited3 opinions

  1. Santom v. BallardMassachusetts Supreme Judicial Court · 1882
  2. Marx v. LewisNevada Supreme Court · 1898
  3. Smith v. Wells Estate Co.Nevada Supreme Court · 1907

3Cited by2 opinions

  1. Sweetland v. Oakley State BankIdaho Supreme Court · 1925
  2. Shute v. Big Meadow Investment Co.Nevada Supreme Court · 1918

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