Solomon v. Fuller
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts sufficiently appear in tlie opinion. I. Tbe errors appearing in the judgment-roll necessitate a reversal. The court could not proceed after the death of Cardenas without repairing the breach caused by his death. II. The court erred in amending the judgment after the term had expired at which it was rendered, upon its own motion, and when there was nothing in the record to amend by.
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. The facts sufficiently appear in tlie opinion. I. Tbe errors appearing in the judgment-roll necessitate a reversal. The court could not proceed after the death of Cardenas without repairing the breach caused by his death. II. The court erred in amending the judgment after the term had expired at which it was rendered, upon its own motion, and when there was nothing in the record to amend by. (3 Cal. 255; 9 Id. 172; 19 Id. 227; 25 Id. 79; 27 Id. 791; 33 Id. 780.) III. The amendment changed the parties plaintiff to…
1Opinion of the Court
By the Court,
Beatty, C. J.:
There were appeals in this case from the judgment, from an order amending the judgment and from the order de-*65njing a new trial. At a former term motions to dismiss tbe appeals and to strike out tbe statement on motion for a new trial Avere submitted. We ordered tbe statement stricken out and tbe appeal from tbe judgment to be dismissed, but overruled tbe motion to dismiss tbe appeals from tbe orders. Those appeals have uoav been argued and submitted.
It appears that after tbe commencement of tbe action Cardenas, one of tbe plaintiffs, died. Tbe fact having been…
2Cases cited1 opinion
- Solomon v. FullerNevada Supreme Court · 1878
3Cited by1 opinion
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900