Legal Opinion

Ward v. Pittsburg Silver Peak Gold Mining Co.

Nevada Supreme Court

Decided October 15, 1915No. 2120PublishedCited by 14 opinions

Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals.

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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Action by Walter Ward against the Pittsburg Silver Peak Gold Mining Company. Judgment for plaintiff, and from the denial of its motion for a new trial, defendant appeals. The following excerpt, taken from page 472 of the 37th Nevada Reports, is significant: “If such a bill of exceptions were so properly settled, it would be a bill of exceptions upon which an appeal could be taken, although it might be improperly labeled a ‘Memorandum of Exceptions.’ ” It is obvious, from the above direct statement in the first…

1Opinion of the Court

*83By the Court,

McCarran, J.:

In this action, on April 13, 1914, respondent moved to dismiss the appeal. The motion to dismiss the appeal from the final judgment was based upon the ground that the appeal from that judgment was not taken within six months after the entry thereof. The motion to dismiss the appeal from the order denying a new trial was based upon the ground that appellant did not, within twenty days after the rendition of the judgment, or within twenty days after the making of the order denying a motion for a new trial, or at any time, file or serve any statement on appeal. As to…

2Cases cited5 opinions

  1. State Ex Rel. Humboldt County v. BlossomNevada Supreme Court · 1894
  2. Fleeson v. Savage Silver Mining Co.Nevada Supreme Court · 1867
  3. Williams v. RiceNevada Supreme Court · 1878
  4. Ward v. Pittsburg Silver Peak Mining Co.Nevada Supreme Court · 1914
  5. Western Engineering & Construction Co. v. Nevada Amusement Co.Nevada Supreme Court · 1910

3Cited by14 opinions

  1. Whitehead v. Nevada Commission on Judicial DisciplineNevada Supreme Court · 1994
  2. Gill v. Goldfield Consolidated Mines Co.Nevada Supreme Court · 1919
  3. State v. ButnerNevada Supreme Court · 1950
  4. Mexican Dam & Ditch Co. v. SchultzNevada Supreme Court · 1921
  5. Roberts v. RobertsNevada Supreme Court · 1946

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