Johnson v. Badger Mill & Mining Co.
Nevada Supreme Court
Motion to dismiss appeal. The facts appear in the opinion. Cite Toiody v. Ellis, 22 Cal. 651; Carpenters. Williamson, 24 Cal. 609; Buffendeau v. Edmonson, 24 Cal. 95.
1Opinion of the Court
By the Court,
Hawley, C. J.:
Respondents move to dismiss the appeal herein, upon the ground that no undertaking on appeal was filed after the notice of appeal was served.
The record shows that the notice of appeal was filed April 16, 1877, but service thereof was not made until April 20, 1877. The undertaking on appeal was filed April 16, 1877. Section 331 of the civil practice act provides as follows: “The appeal shall be made by filing with the clerk of the court with whom the judgment or order appealed from is entered a notice, stating the appeal from the same, or some specific part thereof,…
2Cases cited4 opinions
- Buffendeau v. EdmondsonCalifornia Supreme Court · 1864
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- Peran v. MonroeNevada Supreme Court · 1865
- Lambert v. MooreNevada Supreme Court · 1865
3Cited by7 opinions
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- Brooks v. Nevada Nickel SyndicateNevada Supreme Court · 1898
- Reese Gold & Silver Mining Co. v. Rye Patch Consolidated Mill & Mining Co.Nevada Supreme Court · 1880
- State v. PrestonNevada Supreme Court · 1908
- State ex rel. Jones v. BrownNevada Supreme Court · 1908
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