Imperial Silver Mining Co. v. Barstow
Nevada Supreme Court
Appeal from tbe District Court of the First Judicial District, Storey County. This was an action of ejectment by the Imperial 'Silver Mining Company and the Empire Mill and Mining Company, to recover possession of Lot 10, Block 1, Range O, in the town of Gold Hill, Storey County. The findings and judgment were for plaintiffs.
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Appeal from tbe District Court of the First Judicial District, Storey County. This was an action of ejectment by the Imperial 'Silver Mining Company and the Empire Mill and Mining Company, to recover possession of Lot 10, Block 1, Range O, in the town of Gold Hill, Storey County. The findings and judgment were for plaintiffs. There was a motion by defendant for judgment on the findings, which was denied; and the appeal purports to be from the order as well as from the judgment. I. The Court can only review on this appeal the judgment roll, for the reason that no motion for new trial was made;…
1Opinion of the Court
By the Court,
WHITMAN, J.:
In this case objection is made by respondents to the consideration by this Court of the findings of fact and conclusions of law of the District Court. Unless they can be considered, nothing remains save the judgment roll and order made subsequent to judgment. It becomes then vital to decide whether the findings are presented in such manner that they, can be noticed.
It was decided in Corbett v. Job et al., (ante, 201) upon this precise point that findings similarly brought up had no proper place in the transcript. This opinion was based upon the statute and the case of…
2Cases cited2 opinions
- Howard v. RichardsNevada Supreme Court · 1866
- Reynolds v. HarrisCalifornia Supreme Court · 1857
3Cited by9 opinions
- Beck v. ThompsonNevada Supreme Court · 1894
- Bliss v. GraysonNevada Supreme Court · 1899
- Nesbitt v. ChisholmNevada Supreme Court · 1881
- Alderson v. GilmoreNevada Supreme Court · 1878
- Boyd v. AndersonNevada Supreme Court · 1884
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