Hunter v. Sutton
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Pershing County; Mark R. Aver ill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. From an order sustaining plaintiff’s objection to the hearing of defendant’s motion for new trial, defendant appeals. (Ducker, J., dissenting.) Notice of intention to move for a new trial must be filed and served within ten days after notice of decision.
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Appeal from Sixth Judicial District Court, Pershing County; Mark R. Aver ill, Judge. Action by Harry H. Hunter, Jr., against Thomas Sutton. From an order sustaining plaintiff’s objection to the hearing of defendant’s motion for new trial, defendant appeals. (Ducker, J., dissenting.) Notice of intention to move for a new trial must be filed and served within ten days after notice of decision. Notice was filed in time, for the reason that no notice of the decision was served before the filing of the notice of intention. The notice contemplated by statute is a written notice, and no knowledge is…
1Opinion of the Court
By the Court,
Sanders, C. J.:
This is an appeal from an order of the court below sustaining respondent’s objection to the hearing of appellant’s motion for a new trial, which said objection *429is based solely upon the ground that the notice of intention to move for a new trial was not filed within the time prescribed by section 5323 of the Revised Laws.
Appellant contends that the notice of intention to move for a new trial was filed within the time as prescribed by the statute for the reason that no notice of the decision of the court was served upon appellant before the filing of his notice of…
2Cases cited1 opinion
- Studebaker Bros. v. WitcherNevada Supreme Court · 1922
3Cited by3 opinions
- Ross v. GiacomoNevada Supreme Court · 1981
- Hunter v. SuttonNevada Supreme Court · 1922
- Ross v. GiacomoNevada Supreme Court · 1981