Smith v. Lucas
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; James A. Callahan, Judge. Action by William J. Smith against John Lucas and others. From an adverse judgment, M. B. Moore, intervening defendant, appeals. The present case, not involving “error in law occurring at the trial,” does not require any assignment of error. There is no “error” within the statutory limitation of that word. The motion should, therefore, be denied, and the appeal determined upon the merits.
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Appeal from Second Judicial District Court, Washoe County; James A. Callahan, Judge. Action by William J. Smith against John Lucas and others. From an adverse judgment, M. B. Moore, intervening defendant, appeals. The present case, not involving “error in law occurring at the trial,” does not require any assignment of error. There is no “error” within the statutory limitation of that word. The motion should, therefore, be denied, and the appeal determined upon the merits. Coffin v. Coffin, 40 Nev. 345; Gardner v. Pacific Power Co., 40 Nev. 343; Talbot v. Mack, 41 Nev. 245. This appeal is from…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an action in replevin. A motion for a new trial was denied in the lower court, but the appeal is taken from the judgment alone by M. B. Moore, who was an intervening defendant.
The record on appeal was filed with the clerk of this court on the 6th day of August, 1919, and thereafter, on the 24th day of August, 1919, appellant filed his assignment of errors with said clerk. On the 13th day of September, 1919, respondent filed a motion for an order striking the assignment of errors, dismissing the appeal, and affirming the judgment. The ground of the motion, as…
2Cases cited5 opinions
- Orr v. PenningtonSupreme Court of Virginia · 1896
- Miller v. WalserNevada Supreme Court · 1919
- Talbot v. MackNevada Supreme Court · 1917
- Gill v. Goldfield Consolidated Mines Co.Nevada Supreme Court · 1919
- Coffin v. CoffinNevada Supreme Court · 1917
3Cited by4 opinions
- Consolazio v. SummerfieldNevada Supreme Court · 1932
- Young v. HolmanNevada Supreme Court · 1922
- State Ex Rel. Department of Highways v. PinsonNevada Supreme Court · 1948
- Page v. WalserNevada Supreme Court · 1920