Nelson v. Smith
Nevada Supreme Court
Appeal from Eighth Judicial District Court, Mineral County; J. Emmett Walsh, Judge. Action by J. P. Nelson, and another against Chris Smith and another. From judgment for plaintiffs, and from order denying new trial, defendants appeal. There is no merit in the motion to dismiss, the appeal having been taken within the statutory time.
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Appeal from Eighth Judicial District Court, Mineral County; J. Emmett Walsh, Judge. Action by J. P. Nelson, and another against Chris Smith and another. From judgment for plaintiffs, and from order denying new trial, defendants appeal. There is no merit in the motion to dismiss, the appeal having been taken within the statutory time. Respondents concede that the notice of appeal was filed and served within sixty days after the order was made and entered in the minutes of the court. Rev. Laws, 5329, 5356; Clossen v. Thomas, 164 Cal. 196, 128 Pac. 329. The court erred in permitting certain…
1Opinion of the Court
By the Court,
Sanders, J.:
There are two appeals in this case included in the one notice taken by the defendants. One is from the judgment, and the other from the order denying the defendants’ motion for a new trial.
*309Upon, the case being called for argument in this court, counsel for respondents, upon notice previously-given, moved the court to dismiss both appeals, upon the ground that neither had been taken within the time required by law.
Section 5829 of the Revised Laws provides, inter alia, that an appeal may be taken from a final judgment in an action within six months after, the rendition…
2Cases cited14 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Thallmann v. ThomasCourt of Appeals for the Eighth Circuit · 1901
- Rose v. Richmond Mining Co.Nevada Supreme Court · 1882
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Alex Novack & Sons v. HoppinNevada Supreme Court · 1961
- Coleman v. Moore & McIntoshNevada Supreme Court · 1925
- Wolford v. WolfordNevada Supreme Court · 1948
- Johnson v. JohnsonNevada Supreme Court · 1933
- Scherer v. StateNevada Supreme Court · 1973
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