Keyser v. Taylor

Nevada Supreme Court

Keyser v. Taylor

4 Nev. 435

CourtNevada Supreme Court

DecidedJuly 1, 1868

StatusPublished

Cited by2 cases

This text of 4 Nev. 435 (Keyser v. Taylor) 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.

Bluebook

Keyser v. Taylor, 4 Nev. 435 (Neb. 1868).

Pincite

Opinion

By the Court,

Lewis, C. J.

No judgment appears to have been rendered by the Court below in this action. The record shows that the demurrer to the complaint was sustained, but whether judgment was rendered against the plaintiff, or whether he was allowed to amend his pleading does not appear.

The statute does not authorize an appeal from the action of the Court simply sustaining a demurrer. There must in such case be a final judgment before an appeal can be taken. (Practice Act, Sec. 285. Moulton v. Ellmaker, 30 Cal. 527.)

Appeal dismissed.

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By the Court,

Lewis, C. J.

No judgment appears to have been rendered by the Court below in this action. The record shows that the demurrer to the complaint was sustained, but whether judgment was rendered against the plaintiff, or whether he was allowed to amend his pleading does not appear.

The statute does not authorize an appeal from the action of the Court simply sustaining a demurrer. There must in such case be a final judgment before an appeal can be taken. (Practice Act, Sec. 285. Moulton v. Ellmaker, 30 Cal. 527.)

Appeal dismissed.

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Bluebook (online)

4 Nev. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keyser-v-taylor-nev-1868.

Opinion

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