State v. Means

OPINION

By the Court,

Badt, J.:

This appeal presents the question as to whether the trial court erred in entering a judgment for plaintiff on the pleadings. The action was pending before the effective date of the Nevada Rules of Civil Procedure and, in view of the conclusions we have reached, we need not consider the applicability of Rule 86 N.R.C.P. to the effect that they shall govern further proceedings in pending actions except when not feasible or when they would work injustice. The state’s appeal is also from an order denying its motion for new trial, in which the same points are raised.…