Love v. Mt. Oddie United Mines Co.
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action to quiet title to mining claims. Judgment for plaintiffs, and defendant appeals. On rehearing, The record affirmatively shows, as the trial judge, whose duty it was to settle and allow the bill, certifies, that it contains “all of the evidence admitted at said trial (with the exception of documentary evidence, which was separately certified) material and pertinent to the issue.”
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Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action to quiet title to mining claims. Judgment for plaintiffs, and defendant appeals. On rehearing, The record affirmatively shows, as the trial judge, whose duty it was to settle and allow the bill, certifies, that it contains “all of the evidence admitted at said trial (with the exception of documentary evidence, which was separately certified) material and pertinent to the issue.” “But, to enable this court to intelligently pass upon the question whether the findings or verdict are sustained by the evidence,…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is an action to quiet title to certain mining claims. Judgment was rendered in favor of the plaintiffs, from which, and from an order denying motion.for a new trial, an appeal has been taken.
Counsel for respondent object to our considering the merits of the case, for the reason that the bill of exceptions does not contain all of the evidence material and essential to a correct determination thereof.
*64Before proceeding further, it may not be out of place to say that at different stages of the proceedings in the lower court, including the preparation of the record…
2Cases cited3 opinions
- County of White Pine v. HerrickNevada Supreme Court · 1886
- Gammans v. RoussellNevada Supreme Court · 1879
- Bailey v. PapinaNevada Supreme Court · 1888
3Cited by8 opinions
- Rickard v. ThompsonCourt of Appeals for the Ninth Circuit · 1934
- Eikelberger v. State ex rel. Department of HighwaysNevada Supreme Court · 1967
- Kramer v. TaylorOregon Supreme Court · 1954
- New Mercur Mining Co. v. South Mercur Mining Co.Utah Supreme Court · 1942
- Lewis v. CarrNevada Supreme Court · 1926
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