Cooper v. Pacific Mutual Life Insurance
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The defendant is a corporation organized 'under the laws of the state of California, and having its principal place of business in the city of Sacramento in that state.
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Appeal from the District Court of the First Judicial District, Storey County. The defendant is a corporation organized 'under the laws of the state of California, and having its principal place of business in the city of Sacramento in that state. The application for insurance was made at the town of Winnemucca, Nevada, in October; the policy appears to have been issued at Sacramento, California, on or about November 5th; and James A. Cooper, the husband of plaintiff, died November 7th, 1870. I. Any former appeal not having been decided upon the merits, nor dismissed under Rule 3 of this…
1Opinion of the Court
By the Court,
Lewis, C. J.:
An appeal was brought in this case, but upon discovering that the statement prepared was not settled by the judge below, as required, the appellant moved for leave to withdraw it for the purpose of correcting the omission. In conformity with the application, an order was made by this court dismissing the appeal without prejudice. The statement being corrected, the case is again brought up; but it is argued for the respondent that the dismissal of the first appeal operated as an affirmance of the judgment, and therefore an appeal cannot again be taken.
This objection…
2Cases cited5 opinions
- Harper v. MinorCalifornia Supreme Court · 1864
- Watson v. HussonThe Superior Court of New York City · 1852
- Brown v. TollesCalifornia Supreme Court · 1857
- Karth v. LightCalifornia Supreme Court · 1860
- Marshall v. Milwaukee & St. Paul RailroadWisconsin Supreme Court · 1866
3Cited by16 opinions
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- McCully's Adm'r v. Phœnix Mutual Life Ins.West Virginia Supreme Court · 1881
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Burbank v. RiversNevada Supreme Court · 1887
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