Spafford v. White River Valley Land & Live Stock Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, White Pine county; O. F. Talbot, District Judge: Motion by W. H. H. Spafford to dismiss an appeal taken by the White River Valley Land and Live Stock Company, Appellants, and Mary C. Millspaugh, Intervenor.
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Appeal from the District Court of the State of Nevada, White Pine county; O. F. Talbot, District Judge: Motion by W. H. H. Spafford to dismiss an appeal taken by the White River Valley Land and Live Stock Company, Appellants, and Mary C. Millspaugh, Intervenor. Respondent objects to the consideration of this appeal and moves the court to dismiss the same upon the ground that no notice of appeal was served upon the respondent or his attorneys, at any time, by appellants or their attorneys. (Gen. Stats. 3353; Johnson et al. v. Badger M. & M. Co. et al., 12 Nev. 261.)
1Opinion of the Court
By the Court,
Bonnifield, J.:
Counsel for respondent moved this court to dismiss this appeal on the ground that no notice of appeal was served on the respondent. The record shows that the notice and undertaking were filed on the 25th day of March, 1897, and the proof of service shows that the notice was served on the 19th day of March, 1897. “To render an appeal effectual the filing of the notice of appeal must precede or be contemporaneous with the service of the copy, otherwise that which purports to be a copy fails as such for want of an original to support it.” (Lyon County v. Washoe…
2Cases cited4 opinions
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- Peran v. MonroeNevada Supreme Court · 1865
- Reese Gold & Silver Mining Co. v. Rye Patch Consolidated Mill & Mining Co.Nevada Supreme Court · 1880
- Lambert v. MooreNevada Supreme Court · 1865
3Cited by5 opinions
- State v. PrestonNevada Supreme Court · 1908
- State ex rel. Jones v. BrownNevada Supreme Court · 1908
- Twilegar v. StevensNevada Supreme Court · 1926
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
- State ex rel. Jones v. BrownNevada Supreme Court · 1908