Vansickle v. Haines

8 Nev. 164

• Court: Nevada Supreme Court
• Decided: January 15, 1873
• Status: Published

Opinion

By the Court,

Whitman, C. J.:

In the original case entitled as above, the district court was directed to enter decree for respondents. Vansickle v. Haines et als., 7 Nev. 249. It appeared from the opening statement of counsel that the mandate had been strictly obeyed; consequently no further argument was allowed, upon the ground that the case was finally disposed of and that to hear an appeal would be to review the action of this and not of the district court — an unheard-of practice, except upon a rehearing granted, in which case the final judgment is stayed. Such is the uniform holding of courts of last resort. Chickering v. Failes, 29 Ill. 294; Cumberland Coal and Iron Co. v. Sherman et al., 20 Md. 117; Miner v. Medbury, 7 Wis. 100; Fortenbery v. Frazier et al., 5 Ark. 200.

The appeal is dismissed.