Shute v. Big Meadow Investment Co.
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Pershing County; C. J. McFadden, Judge. Action by James L. Shute against the Big Meadow Investment Company. From an order granting a new trial after judgment in his favor, plaintiff appeals. Respondent could have established a substantial record containing all of the objections made by plaintiff to evidence, with the rulings and exceptions, and other matters of error, if any, upon which it was desired to rely.
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Appeal from Sixth Judicial District Court, Pershing County; C. J. McFadden, Judge. Action by James L. Shute against the Big Meadow Investment Company. From an order granting a new trial after judgment in his favor, plaintiff appeals. Respondent could have established a substantial record containing all of the objections made by plaintiff to evidence, with the rulings and exceptions, and other matters of error, if any, upon which it was desired to rely. The record discloses that there was no attempt to establish such a record, but that reliance was had solely upon the fact of the destruction…
1Opinion of the Court
By the Court,
Ducker, J.:
On May 12, 1920, the district court rendered judgment in this case in favor of appellant.
Respondent noticed his intention to move for a new trial, assigning in said notice several statutory grounds. Thereafter respondent filed a paper indorsed “Statement in Lieu of Memo of Errors” containing the following :
“Comes now the defendant above named, by its *101attorneys, and says: That in its notice of intention to move for a new trial, heretofore filed in said above-entitled action, one of the grounds named, and upon which defendant chiefly relies, is the ground as stated in…
2Cases cited3 opinions
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