Saval v. Blume
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; E. E. Winters, Judge. Action by John Saval against Phil Blume. From order refusing to hear motion for new trial, plaintiff appeals. This is an appeal from an order of the district court refusing to hear plaintiff’s motion for a new trial for the reason that the' notice of intention to move for a new trial was void.
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Appeal from Sixth Judicial District Court, Humboldt County; E. E. Winters, Judge. Action by John Saval against Phil Blume. From order refusing to hear motion for new trial, plaintiff appeals. This is an appeal from an order of the district court refusing to hear plaintiff’s motion for a new trial for the reason that the' notice of intention to move for a new trial was void. The notice of intention was regular in all respects, except that it did not state that the motion would be made "upon the minutes of the court.” Under our statutes, this defect is extremely technical, and not in any way…
1Opinion of the Court
By the Court,
McCarran, C. J.:
This is an appeal from an order refusing to hear a motion for a new trial. Respondent contends that an appeal from such an order will not lie. Hence we are called upon primarily to determine that question.
Section 5329, Revised Laws (section 387, C. P.), provides:
“An appeal may be taken: * * * (2) * * * From any special order made after final judgment, within sixty days after the order is made and entered in the minutes of the court.”
Respondent contends that that is not an appeal from an order of any kind; that no order was made by the lower court; that all that…
2Cases cited5 opinions
- State v. O'BrienMontana Supreme Court · 1896
- Central Trust Co. of California v. Holmes Mining Co.Nevada Supreme Court · 1908
- Hughes v. AlsipCalifornia Supreme Court · 1896
- Gregg v. GarrettMontana Supreme Court · 1892
- Street v. Lemon Mill & Mining Co.Nevada Supreme Court · 1874
3Cited by1 opinion
- Tardy v. TarbellNevada Supreme Court · 1932