Bliss v. Grayson
Nevada Supreme Court
Appeal from the District Court of the State hf Nevada, Humboldt county; A. L. Fitzgerald, District Judge: Action by George D. Bliss against George W. Grayson and others. From a judgment for plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. The action being to abate a nuisance, and there being thirty defendants, acting independently, there is a fatal misjoinder of parties, and the action must fall.
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Appeal from the District Court of the State hf Nevada, Humboldt county; A. L. Fitzgerald, District Judge: Action by George D. Bliss against George W. Grayson and others. From a judgment for plaintiff, defendants appeal. The facts sufficiently appear in the opinion. I. The action being to abate a nuisance, and there being thirty defendants, acting independently, there is a fatal misjoinder of parties, and the action must fall. (Gould on Waters, sec. 397; 47 Conn. 260, 273, 274; 10 Allen, 591; 77 N. Y. 51; 63 Barb. Ill; 35 Wis. 41; 53 Pa. St. 142; 40 Md. 1; 32 Cal. 166-168; 53 Cal. 724,…
1DissentBonnieield, C. J.
The appellants appeal from an order denying their motion for new trial alone. A neiv trial is a reexamination of an issue of fact in the same court after trial and decision by a jury, court, or referee. (Gen. Stats. 3216.)
When the application- for new trial is made upon the grounds of the insufficiency of the evidence to justify the verdict or other decision, or that it is against law, or error in law occurring at the trial, and excepted to by the party making the application, the application shall be made upon a statement prepared as provided by section 197 of the civil practice act. (Gen.…
2Cases cited4 opinions
- Simpson v. OggNevada Supreme Court · 1883
- Imperial Silver Mining Co. v. BarstowNevada Supreme Court · 1869
- White v. WhiteNevada Supreme Court · 1870
- Caldwell v. GreelyNevada Supreme Court · 1869