Brooks v. Nevada Nickel Syndicate
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Ormsby county; C. E. Mach, District Judge: Actions by Charles E. Brooks against the Nevada Nickel Syndicate (Limited), and by the National Nickel Company against the same defendant. From judgments for defendant, plaintiffs appeal separately. On motions to dismiss. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the District Court of the State of Nevada, Ormsby county; C. E. Mach, District Judge: Actions by Charles E. Brooks against the Nevada Nickel Syndicate (Limited), and by the National Nickel Company against the same defendant. From judgments for defendant, plaintiffs appeal separately. On motions to dismiss. The facts sufficiently appear in the opinion. I. In Lyon v. Washoe County, 8 Nev. 178, the court said: “ It is well settled that, to render an appeal effective, the filing of the notice of appeal must precede or be contemporaneous with the service of the copy.” We contend that…
1Opinion of the Court
By the Court,.
Massey, J.:
The question presented on motion to dismiss each appeal in the above actions being- the same, it is both convenient and proper that the motions be disposed of in one opinion. Each appeal is from an order of the lower court setting aside and vacating a judgment taken by default. The orders were made on the 3d day of January, 1898. The record shows that the notice of appeal in each case was served upon the attorney for the respondent on the 12th day of January, 1898, and was filed in the clerk’s office on the 13th day of January, 1898.
The appellant has shown, by…
2Cases cited4 opinions
- Lyon County v. Washoe CountyNevada Supreme Court · 1873
- Towdy v. EllisCalifornia Supreme Court · 1863
- Reese Gold & Silver Mining Co. v. Rye Patch Consolidated Mill & Mining Co.Nevada Supreme Court · 1880
- Johnson v. Badger Mill & Mining Co.Nevada Supreme Court · 1877
3Cited by9 opinions
- Chambliss v. HassSupreme Court of Iowa · 1904
- Lauer v. Eighth Judicial District CourtNevada Supreme Court · 1943
- State ex rel. Hall v. District Court of the Fifth Judicial DistrictMontana Supreme Court · 1906
- Luce & Co., S. en C. v. Cintrón Vda. de CapóSupreme Court of Puerto Rico · 1931
- State ex rel. Jones v. BrownNevada Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.