Simpson v. Ogg
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Esmeralda County. The facts sufficiently appear in the opinion. Notice that appellants will appeal is sufficient. (Comp. Laws, 1392, 1402, 1403.) I. The notice of appeal does not comply with the provisions of the statute. (1 Comp. Laws, 1392.) The acts required by the statute must be strictly complied with. (Warner v. Holman, 24 Cal. 228.) II.
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Appeal from the District Court of the Third Judicial District, Esmeralda County. The facts sufficiently appear in the opinion. Notice that appellants will appeal is sufficient. (Comp. Laws, 1392, 1402, 1403.) I. The notice of appeal does not comply with the provisions of the statute. (1 Comp. Laws, 1392.) The acts required by the statute must be strictly complied with. (Warner v. Holman, 24 Cal. 228.) II. The bond filed by appellants is not such a bond as is required by statute. (1 Comp. Laws, 1402-3.) The sureties are not severally bound upon this bond. False representations made by the…
1Opinion of the Court
By the Court,
Leonard, J.:
Prior to the oral argument in this case a preliminary motion was made to dismiss the appeal, for various reasons stated. The motion and the case were submitted together. We shall not stop to consider at length the objections urged against the notice of appeal and the undertaking on appeal. It is, however, proper to state that they are faulty in many particulars. It is stated in the notice that the defendants will appeal, when it ought to state that they do appeal. Again, the undertaking was executed and filed more than a year after judgment, and consequently the…
2Cases cited6 opinions
- Martin v. MatfieldCalifornia Supreme Court · 1874
- Middleton v. LowCalifornia Supreme Court · 1866
- Thompson v. PattersonCalifornia Supreme Court · 1880
- Shepard v. McNeilCalifornia Supreme Court · 1869
- Alderson v. GilmoreNevada Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rosina v. TrowbridgeNevada Supreme Court · 1888
- Bliss v. GraysonNevada Supreme Court · 1899
- Finnegan v. UlmerNevada Supreme Court · 1909
- Crosby v. North Bonanza Silver Mining Co.Nevada Supreme Court · 1895
- Werner v. BabcockNevada Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.