Chance v. Arcularius

On the Merits

Carville & Carville, of Reno, and William J. Crowell, of Tonopah, for Appellants. Gray and Horton, of Ely, for Respondent.

OPINION

By the Court,

Badt, C. J.:

We heretofore dismissed the appeal from the order denying appellants’ motion for a new trial, such appeal being ineffective for want of filing of an undertaking. Chance v. Arcularius, 68 Nev. 51, 227 P.2d 198. However, we denied respondent’s motion to strike the transcript of the proceedings, following the action of this court in Magee v. Whitacre, 60 Nev. 202, 96 P.2d 201 (appearing in Pacific Reporter under its original title…