Smith v. Wells Estate Co.
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John 8. Orr, Judge. Action by G-. M. Smith against The Wells Estate Company. From an order dismissing his amended complaint, plaintiff appeals, and defendant moves to dismiss the appeal. .The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John 8. Orr, Judge. Action by G-. M. Smith against The Wells Estate Company. From an order dismissing his amended complaint, plaintiff appeals, and defendant moves to dismiss the appeal. .The facts sufficiently appear in the opinion. I.The court erred in entering the order to sustain defendant's motion to strike plaintiff’s amended complaint from the flies of the court, for the reason that said amended complaint has one and the same parties plaintiff, and it states identically two of the same…
1DissentNorcross, J.
Conceding, for the purposes of this case, that respondent’s motion to dismiss the appeal was not filed in time, and, for that reason, such motion cannot be considered, nevertheless I think the record in this case requires a dismissal of the appeal upon the court’s own motion. What the appellant designates as his "Affidavit on Appeal” is something unknown to our practice, and is not authorized by any possible construction of our civil practice act. (Hart v. Spencer, 29 Nev. 286, 89 Pac. 289.) That counsel filed his so-called "Affidavit on Appeal” under a misconception of our statute is clear.…
2Cases cited1 opinion
- Hart v. SpencerNevada Supreme Court · 1907