Reese Gold & Silver Mining Co. v. Rye Patch Consolidated Mill & Mining Co.
Nevada Supreme Court
Motion to reinstate appeal. The facts sufficiently appear in the opinion. I. The right of appeal should be liberally construed. (1 Comp. L. 1391, 1392, 1402, 1409; Conantv. Conant, 10 Cal. 254; Knowles v. Yeates, 31 Id. 87; Noughton's Appeal, 42 Id. 52; Lawton v. Commissioners, 2 Caine, 179; Bex v. Commissioners, 2 Keble, 43; Bex v. Moreley, 2 Burr, 1042.) II.
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Motion to reinstate appeal. The facts sufficiently appear in the opinion. I. The right of appeal should be liberally construed. (1 Comp. L. 1391, 1392, 1402, 1409; Conantv. Conant, 10 Cal. 254; Knowles v. Yeates, 31 Id. 87; Noughton's Appeal, 42 Id. 52; Lawton v. Commissioners, 2 Caine, 179; Bex v. Commissioners, 2 Keble, 43; Bex v. Moreley, 2 Burr, 1042.) II. The filing of an undertaking on appeal within five days after the filing of the notice, irrespective of the time of service of the notice, provided the service of the notice be within sixty days of the order appealed from, isa literal…
1Opinion of the Court
By the Court,
Beatty, C. J.:
The notice of appeal in this case was filed October 30, 1879, but not served until November 7. An undertaking on appeal was filed on the day the notice was filed, and another similar undertaking on the day it was served. On motion of respondent, the appeal was dismissed, on the ground that neither undertaking was sufficient to perfect it.
This is a motion by appellant to vacate the order of dismissal, in support of which it is contended: First, that the appeal was duly and properly taken and perfected, and that the ex parte order dismissing it was unadvisedly made;…
2Cases cited2 opinions
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- Johnson v. Badger Mill & Mining Co.Nevada Supreme Court · 1877
3Cited by9 opinions
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- Brooks v. Nevada Nickel SyndicateNevada Supreme Court · 1898
- State v. PrestonNevada Supreme Court · 1908
- Spafford v. White River Valley Land & Live Stock Co.Nevada Supreme Court · 1897
- State ex rel. Jones v. BrownNevada Supreme Court · 1908
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