Elko-Tuscarora Mercantile Co. v. Wines
This text of 53 P. 177 (Elko-Tuscarora Mercantile Co. v. Wines) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The facts sufficiently appear in the opinion. This appeal is from a final judgment.
The notice of appeal was filed on the 14th day of October, 1897, and the same was served or attempted to be served on the same day. The judgment was not rendered till the 3d day of November, 1897. Respondent moves the court to dismiss the appeal upon several grounds, one of which is that the notice of appeal was filed and served, if served at all, before the rendition of the judgment.
An appeal may be taken from a final judgment within one year after the rendition of the judgment. (Gen. Stats. 3352.)
Such appeal taken before the rendition of the judgment will be dismissed. (Ency. Pl. Pr. 248;McLaughlin v. Doherty,
The appeal is dismissed on the ground above specified.
It is not material to pass upon the other grounds on which the motion is based.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
53 P. 177, 24 Nev. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elko-tuscarora-mercantile-co-v-wines-nev-1898.