Gamble v. Hanchett
Nevada Supreme Court
Petition for rehearing. [For former opinion, see 34 Nev. 351.] The facts sufficiently appear in the opinion. The judgment appealed from was not final, but merely interlocutory. Consequently it is nonappealable and for the same reason the trial court was without jurisdiction to hear or entertain a motion for a new trial, except to dismiss it, or, which is the same thing, to deny it as premature.
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Petition for rehearing. [For former opinion, see 34 Nev. 351.] The facts sufficiently appear in the opinion. The judgment appealed from was not final, but merely interlocutory. Consequently it is nonappealable and for the same reason the trial court was without jurisdiction to hear or entertain a motion for a new trial, except to dismiss it, or, which is the same thing, to deny it as premature. Hence the appeal from the judgment, being merely interlocutory, should be dismissed, and the order denying a new trial should be affirmed, or the appeal therefrom also dismissed, because the motion was…
1Concurring in part, dissenting in part
Talbot, J.,
dissenting from the order denying petition for rehearing, and concurring in the order reversing the judgment:
The opinion of the majority of the court, stating the facts at length, the contentions of the parties, and the history of the case, with a copy of the contract in dispute, will be found in 34 Nev. 351. Since the rendition of the opinion the petition for rehearing and answer thereto have been filed, and the petition has been denied by the two members of this court who concurred in the opinion.
Consideration of the controlling facts is essential to a proper understanding of the…
2Cases cited111 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- St. Clair v. CoxSupreme Court of the United States · 1882
- Root v. Railway Co.Supreme Court of the United States · 1882
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Ex Parte WisnerSupreme Court of the United States · 1906
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