Lyon County v. Washoe County
Nevada Supreme Court
Appeal from 'the District Court of the Fourth Judicial District, Humboldt County. This was an action to obtain a decree declaring certain territory near the north-east corner of Storey County within the boundaries of the plaintiff, Lyon County, and not within the boundaries of the defendant, Washoe County. The case was tried in the court below before a jury, which returned a verdict for defendant.
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Appeal from 'the District Court of the Fourth Judicial District, Humboldt County. This was an action to obtain a decree declaring certain territory near the north-east corner of Storey County within the boundaries of the plaintiff, Lyon County, and not within the boundaries of the defendant, Washoe County. The case was tried in the court below before a jury, which returned a verdict for defendant. Judgment was accordingly entered to the effect that the disputed territory was within the limits and subject to the jurisdiction of Washoe County, and for $2798 85 costs. The plaintiff gave notice…
1Opinion of the Court
By the Court,
Belknap, J.:
The respondent moves to dismiss the appeal. One of the reasons assigned for the motion is that the copy of the notice of appeal was served before the notice of appeal was filed with the clerk of the district court.
*178The only evidence of service of a copy of tbe notice of appeal is contained in tbe following affidavit of Jobn Powell, Jr.: “-that on Sunday, June 18tb, 1871, according to bis best recollection and belief, be deposited at tbe post-office at Dayton, Nevada, a copy of said notice of appeal and a copy of said proposed statement on appeal, directed to R. M.…
2Cases cited5 opinions
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
- Boston v. HaynesCalifornia Supreme Court · 1866
- Moulton v. EllmakerCalifornia Supreme Court · 1866
- Lynch v. DunnCalifornia Supreme Court · 1868
- Foy v. DomecCalifornia Supreme Court · 1867
3Cited by15 opinions
- Courtright v. BerkinsMontana Supreme Court · 1876
- Eldridge v. KnightNorth Dakota Supreme Court · 1903
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- Brooks v. Nevada Nickel SyndicateNevada Supreme Court · 1898
- Reese Gold & Silver Mining Co. v. Rye Patch Consolidated Mill & Mining Co.Nevada Supreme Court · 1880
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