Young v. Updike
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Eliza Young, Administratrix of the Estate of Frank Singleton, deceased, against F. C. Updike, Administrator of the Estate of F. X. Lambert, deceased. From a judgment for plaintiff, defendant appeals.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; M. A. Murphy, Judge. Action by Eliza Young, Administratrix of the Estate of Frank Singleton, deceased, against F. C. Updike, Administrator of the Estate of F. X. Lambert, deceased. From a judgment for plaintiff, defendant appeals. Heard on motion of plaintiff to dismiss appeals taken by defendant from the judgment, and from an order striking out the statement on motion for a new trial. Motion to dismiss appeal from judgment. Motion to dismiss appeal from order. The facts sufficiently appear…
1Opinion of the Court
By the Court,
Norcross, J.:
This is a motion upon behalf of plaintiff to dismiss appeals taken by defendant from the judgment and from an order striking out the statement on motion for a new trial, upon the ground of want of prosecution. Rule 2 of this court provides that: "In all cases where an appeal has been perfected, and the statement settled (if there be one) thirty days before the commencement of a term, the transcript of the record shall be filed on or before the first day of such term.” Rule 3 makes provision for the dismissal of the appeal if the transcript of the record is not filed…
2Cases cited1 opinion
- McGrath v. HydeCalifornia Supreme Court · 1886
3Cited by3 opinions
- Roberts v. RobertsNevada Supreme Court · 1946
- Collins v. Nat C. Goodwin & Co.Nevada Supreme Court · 1910
- Graff v. Shipman Bros. Transfer Co.Nevada Supreme Court · 1950