Killip v. Empire Mill Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Hon. Richard S. Mesick, presiding. The facts are stated in the opinion. First — The Court had no power to set aside the verdict and its judgment after the adjournment of the term.
Read the full summary
Appeal from the District Court of the First Judicial District, Hon. Richard S. Mesick, presiding. The facts are stated in the opinion. First — The Court had no power to set aside the verdict and its judgment after the adjournment of the term. (Baldwin v. Kramer, 2 Cal. 588 ; Morrison v. Bapman, 3 Cal. 255 ; Shaw v. Me Gregor, 8 Cal. 521; Robb v. Robb, 6 Cal.. 22; Suydan v. Pitcher, 4 Cal. 281; Castro v. Richardson, 25 Cal. 49.) Second — It is not competent for a Court to supply the deficient acts of parties by an order nunc pro tunc. This order is only to supply errors, oversights, or…
1Opinion of the Court
Opinion by
Beatty, J., Lewis, C. J., concurring.
The plaintiff in this case brought an action, in the nature of an action of ejectment for an undivided interest in a certain piece of mining ground. The plaintiff claimed to derive his title from a deed executed by one Clark to J. M. Calip.
The defendants claimed to derive title from the same Clark, and averred that when the deed was made by Clark, the name of J. M. *37Killip or Calif was inserted therein by mistake; that it should have been made to one Rice, from whom defendants derived title. Defendants made their answer in the form of a cross…
2Cases cited4 opinions
- Borland v. ThorntonCalifornia Supreme Court · 1859
- McLeran v. ShartzerCalifornia Supreme Court · 1855
- Bear River & Auburn Water & Mining Co. v. BolesCalifornia Supreme Court · 1864
- Williams v. GregoryCalifornia Supreme Court · 1858
3Cited by10 opinions
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Aetna Casualty and Surety Co. v. L. K. Comstock & Co.District Court, D. Nevada · 1980
- Clark v. StrouseNevada Supreme Court · 1876
- Casteel v. StateWyoming Supreme Court · 1900
- Kent v. UptonWyoming Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.