Clark v. Strouse
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. I. The statement on the motion for a new trial was not filed in time (practice act, sec. 197), unless the second order of the judge, extending time to defendant to file his statement, restored the statutory waiver and saved to respondent his right to the motion. But this order was coram non judice and void.
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Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. I. The statement on the motion for a new trial was not filed in time (practice act, sec. 197), unless the second order of the judge, extending time to defendant to file his statement, restored the statutory waiver and saved to respondent his right to the motion. But this order was coram non judice and void. The waiver had accrued and the subsequent order of the judge did not restore it. (Fillip v. Empire Mill Co., 2 Nev. 35; Whitman v. Shivericlc, 3 Nev. 299; Leech v. West, 2…
1Opinion of the Court
By the Court,
Hawley, C. J.:
It is claimed by respondent that the record failed to show any service of the notice of appeal. The proof of service is contained in an affidavit made by appellant’s counsel, wherein he states, that on the 10th day of July, 1875, between the hours of ten o’clock A.M. and four o’clock p.h., he served a copy of the notice of appeal on the attorneys for defendant, by “exhibiting to them personally the said copy, and by leaving the same in a conspicuous place in their office.” The statute provides the manner in which service must be made. (1 Comp. L. 1557, 1558, 1559.)…
2Cases cited6 opinions
- Castro v. RichardsonCalifornia Supreme Court · 1864
- Whitmore v. ShiverickNevada Supreme Court · 1867
- Hegeler v. HenckellCalifornia Supreme Court · 1865
- Lobdell v. HallNevada Supreme Court · 1867
- Killip v. Empire Mill Co.Nevada Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lewis v. LewisNevada Supreme Court · 1931
- Elder v. FrevertNevada Supreme Court · 1884
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1909
- Daniels v. DanielsNevada Supreme Court · 1877
- Earles v. GilhamNevada Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.