Ward v. Pittsburg Silver Peak Gold Mining Co.
Nevada Supreme Court
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
On Rehearing
By the Court,
McCarran, J.:
On granting the petition for rehearing in this case, the court made the order:
“That appellant show, by the certificate of the trial judge or by affidavit, subject to counter affidavits upon the part of the respondent, whether the alleged bill of exceptions or memorandum of errors, as the case may be, was settled or allowed by the trial judge in the presence of plaintiff or his counsel, and, if not so settled in the presence of the plaintiff or his counsel, what notice of such settlement or allowance, if any, was given.”
Pursuant to this order; appellant…
2Cases cited1 opinion
- Ward v. Pittsburg Silver Peak Mining Co.Nevada Supreme Court · 1914