Legal Opinion

Allen v. Allen

Nevada Supreme Court

Decided October 15, 1920No. 2304Published

Appeal from Second Judicial District Court, Washoe County; T. C. Hart, Judge. Action for divorce by Wellesca P. Allen against Wilfred P. Allen. Judgment for defendant, and plaintiff appeals. All the allegations of the complaint were clearly and fully established by competent and relevant testimony. Each and all of the assignments of error are based upon objections regularly made in the trial court, whose duty it was to rule upon them.

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Appeal from Second Judicial District Court, Washoe County; T. C. Hart, Judge. Action for divorce by Wellesca P. Allen against Wilfred P. Allen. Judgment for defendant, and plaintiff appeals. All the allegations of the complaint were clearly and fully established by competent and relevant testimony. Each and all of the assignments of error are based upon objections regularly made in the trial court, whose duty it was to rule upon them. The fact that the appellant was not accorded all her rights and privileges in the lower court furnishes no reason why she should be denied by the appellate…

1Opinion

On Petition for Rehearing

By the Court,

Coleman, J.:

In the petition for rehearing it is strenuously contended that the court erred in holding that the obj ections made to certain testimony during the taking of the depositions of several witnesses could not be considered on appeal, since they had not been urged upon the trial court. In the petition it is said:

“Your petitioner respectfully urges that each and all of these assignments were based upon objections regularly taken, and that it was the duty of the trial court to rule upon them, whether the court so ruled or not, and if the trial court…

2Cases cited6 opinions

  1. Hancock v. ChapmanCourt of Appeals of Kentucky · 1916
  2. McLeod v. Miller & LuxNevada Supreme Court · 1917
  3. Murray v. Omaha Transfer Co.Nebraska Supreme Court · 1914
  4. Roberson v. RobersonCourt of Appeals of Kentucky · 1919
  5. Tremain v. DyottMissouri Court of Appeals · 1912

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