Brandon v. West
Nevada Supreme Court
Petition for rehearing. Motion to set aside or modify the decision and order of the Supreme Court made on petition for rehearing. The facts sufficiently appear in the opinion. I. This court has inadvertently stated: "From a judgment in favor of the defendants, for their costs, and an order overruling a motion for a new trial, this appeal is taken.”
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Petition for rehearing. Motion to set aside or modify the decision and order of the Supreme Court made on petition for rehearing. The facts sufficiently appear in the opinion. I. This court has inadvertently stated: "From a judgment in favor of the defendants, for their costs, and an order overruling a motion for a new trial, this appeal is taken.” It is true the appellant gave notice that he would appeal from both the order overruling his motion for a new trial and the judgment, but it is equally true that he did not appeal from the judgment. Section 336 of the practice act provides: "A copy…
1DissentFitzgerald, C. J.
After the order denying respondents’ motion for a rehearing in this case was made, but before the remittitur thereon went down, the counsel for respondents moved the court to reconsider its order and to modify its decision on the appeal, pointing out what counsel considered such grave errors in the decision and order and disastrous consequences therefrom resulting as to justify them in making said motion; *143hence two questions arise for consideration at this time: (1) Has this court power to reconsider and change its order on a petition for a rehearing when, after its decision, but before…
2Cases cited1 opinion
- Brandon v. WestNevada Supreme Court · 1905