Crosby v. North Bonanza Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county; A. E. Cheney, District Judge: Action by John J. Crosby against the North Bonanza Silver Mining Company. Judgment for plaintiff. From an order overruling a motion for new trial, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Storey county; A. E. Cheney, District Judge: Action by John J. Crosby against the North Bonanza Silver Mining Company. Judgment for plaintiff. From an order overruling a motion for new trial, defendant appeals. The facts sufficiently appear in the opinion. I. The party or attorney who seeks to avail himself of the want of written notice of the presentation for settlement of a bill of exceptions and the amendments thereto, or of any technicality not affecting his substantial rights, must be held to a prompt, consistent and exact assertion…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
Appeal from an order refusing to vacate and set aside an order overruling a motion for new trial, entered under the following circumstances: Judgment having been rendered against defendant, his attorney gave notice of a motion for a new trial, and in due time filed and served a statement thereon. No evidence, however, of this service was preserved in the record, no amendments to the statement were made by the plaintiff, and no certificate was made by the clerk that none had been filed.
Gen. Stats., sec. 3219, provide that when a statement has been agreed upon it…
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