Legal Opinion

Whitmore v. Shiverick

Nevada Supreme Court

Decided July 1, 1867PublishedCited by 21 opinions

Appeal from the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright, presiding. The facts are fully stated in the opinion of the Court. The statute does not require a statement on appeal to be served on the opposite side. It only has to be filed within twenty days. The judgment having been entered on the seventh, and the statement filed December 27th, was in time.

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Appeal from the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright, presiding. The facts are fully stated in the opinion of the Court. The statute does not require a statement on appeal to be served on the opposite side. It only has to be filed within twenty days. The judgment having been entered on the seventh, and the statement filed December 27th, was in time. (Judd v. Fulton, 10 Barb. 117 ; People v. N. Y. Central R. R. Co., 28 Barb. 284.) The statement on appeal from the order ivas made on the fourteenth day of after order, and clearly within time.…

1Opinion of the Court

Opinion by

Beatty, C. J., Lewis, J., and Johnson, J.,

concurring.

This was a bill filed to foreclose a mortgage upon what counsel *297in the cause term a tract of land. The plaintiff alleges that in February and March, 1862, the defendant, N. Shiverick, was the owner of an undivided half interest in the property described in the mortgages set out in the complaint-; that being such owner or having such interest in the property, he executed two mortgages, one to the plaintiff, another to a third party who has since assigned to plaintiff.

He makes N. Shiverick, Antoine. Laroche, and Peter Frothing-ham…

2Cases cited4 opinions

  1. Duff v. FisherCalifornia Supreme Court · 1860
  2. Waldron v. MarshCalifornia Supreme Court · 1855
  3. Gagliardo v. HoberlinCalifornia Supreme Court · 1861
  4. Garwood v. SimpsonCalifornia Supreme Court · 1857

3Cited by21 opinions

  1. Barrett v. BairdNevada Supreme Court · 1995
  2. Pierce v. ManningSouth Dakota Supreme Court · 1892
  3. Diamond National Corp. v. Thunderbird Hotel, Inc.Nevada Supreme Court · 1969
  4. Snyder v. GarrettNevada Supreme Court · 1941
  5. Craig v. HarrahNevada Supreme Court · 1948

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