Miller v. Walser
Nevada Supreme Court
Appeal from First-Judicial District Court, Washoe-County; R. C. Stoddard, Judge. Action by C. N. Miller against Mark Walser and Frank Margrave. Judgment for the defendants, and plaintiff appeals. Sanders, J., dissenting. By entering into a stipulation extending the time to file their brief, respondents recognized the appeal, and thereby waived any right they had to move for a dismissal.
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Appeal from First-Judicial District Court, Washoe-County; R. C. Stoddard, Judge. Action by C. N. Miller against Mark Walser and Frank Margrave. Judgment for the defendants, and plaintiff appeals. Sanders, J., dissenting. By entering into a stipulation extending the time to file their brief, respondents recognized the appeal, and thereby waived any right they had to move for a dismissal. Henningsen v. T. & G. R. Co., 32 Nev. 51. “We think, also, that the point raised by counsel for appellant that the respondents, by entering into numerous stipulations heretofore referred to, which reserved •no…
1Opinion of the Court
By the Court,
Ducker, J.:
In this action the district court sustained respondents’ demurrer to the amended complaint. Appellant refused to amend and elected to stand upon the amended complaint. The court entered judgment dismissing the amended complaint and denying the relief sought by appellant in this action. Prom the judgment and order sustaining the demurrer, this appeal is taken.
The respondents ask that the appeal be dismissed upon the grounds: First, that the transcript of the record was not filed within thirty days after the appeal had been perfected, in pursuance of rule 2 of the rules…
2Cases cited16 opinions
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- King v. . BarnesNew York Court of Appeals · 1888
- O'BRIEN v. WheelockSupreme Court of the United States · 1902
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- Lind v. WebberNevada Supreme Court · 1913
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