Rosenthal v. Rosenthal
Nevada Supreme Court
Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by Ada Rita Rosenthal against Hubert Semmy Rosenthal. From a final judgment, and an order refusing a continuance, defendant appeals. Appeal from order dismissed. The lower court abused its discretion in refusing the continuance and in rendering judgment.
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Appeal from First Judicial District Court, Ormsby County; Frank P. Langan, Judge. Action by Ada Rita Rosenthal against Hubert Semmy Rosenthal. From a final judgment, and an order refusing a continuance, defendant appeals. Appeal from order dismissed. The lower court abused its discretion in refusing the continuance and in rendering judgment. Appellant was entitled to a continuance on the ground of the absence of evidence, depositions of witnesses not having arrived, and appellant having made affidavit of the materiality of the expected evidence and that due diligence had been used to procure…
1Opinion of the Court
By the Court,
McCarran, J.:
The notice of appeal filed in this case states that it is an appeal from the final judgment and from an order refusing a continuance. Respondent has moved to dismiss the appeal, upon the ground that there is no record before this court, as required by the statutes of Nevada and the rules of the court.
It appears from the record that, prior to the trial of the cause, defendant in the court below, appellant herein, moved the court for a continuance for the purpose of procuring the depositions of witnesses. The motion for continuance being denied by the court, the cause…
2Cases cited16 opinions
- State ex rel. Pacific Reclamation Co. v. DuckerNevada Supreme Court · 1912
- Jaffray & Co. v. ThompsonSupreme Court of Iowa · 1884
- Humburg v. NamuraHawaii Supreme Court · 1901
- Smith v. Wells Estate Co.Nevada Supreme Court · 1907
- Butte Machinery Co. v. City of ButteMontana Supreme Court · 1911
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