Legal Opinion

State ex rel. Sparks v. State Bank & Trust Co.

Nevada Supreme Court

Decided October 15, 1913No. 2083PublishedCited by 18 opinions

Appeal from the First Judicial District Court, Ormsby County; F. P. Langan, Judge. Proceeding upon petition by Esmeralda County to the First Judicial District Court, in and for Ormsby County, in the matter of the State Bank and Trust Company in involuntary liquidation, for a decree declaring a deposit of certain county funds a special deposit and a preferred claim, and directing the receiver, F. L. Wildes, to pay the same.

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Appeal from the First Judicial District Court, Ormsby County; F. P. Langan, Judge. Proceeding upon petition by Esmeralda County to the First Judicial District Court, in and for Ormsby County, in the matter of the State Bank and Trust Company in involuntary liquidation, for a decree declaring a deposit of certain county funds a special deposit and a preferred claim, and directing the receiver, F. L. Wildes, to pay the same. From a decree in favor of Esmeralda County, petitioner, F. L. Wildes, receiver, appeals. Statement of Facts On October 23,1907, the State Bank and Trust Company, a…

1Opinion of the Court

By the Court,

McCarran, J.

(after stating the facts):

The right of appeal to this court is one based entirely on statute, and this court is prohibited from taking jurisdiction unless the party appealing has, in the first instance, the statutory right of appeal.

Section 5327, Revised Laws of .Nevada, prescribes: " Any party aggrieved may appeal in the cases prescribed in this title. The party appealing shall be known as the. appellant and the adverse party as the respondent.”

In the case of Kapp v. Kapp, 31 Nev. 70, this court cited approvingly its former decision rendered in the case *532of State v.…

2Cases cited16 opinions

  1. Bates v. RybergCalifornia Supreme Court · 1871
  2. Wilson v. Board of Regents of the University of ColoradoSupreme Court of Colorado · 1909
  3. First National Bank of Pocatello v. C. Bunting & Co.Idaho Supreme Court · 1900
  4. People v. St. Nicholas BankNew York Supreme Court · 1894
  5. Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900

11 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Webb Ex Rel. Webb v. Clark County SchoolNevada Supreme Court · 2009
  2. O'Donnell v. Sixth Judicial District CourtNevada Supreme Court · 1917
  3. Alper v. PosinNevada Supreme Court · 1961
  4. Kenney v. HickeyNevada Supreme Court · 1940
  5. Las Vegas Police Protective Ass'n Metro, Inc. v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of ClarkNevada Supreme Court · 2006

13 more not listed; retrieve them via the Exa API.

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