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10 Nev. 282

Irwin v. Samson

Nevada Supreme Court

Decided October 15, 1875

Nevada Supreme Court · decided 1875-10-15

' Tbe facts are stated in tbe opinion. On this appeal no question is presented upon which the court is called upon to act. ÍJo statement on appeal and no specifications of grounds upon which the parties taking the appeal would rely were ever filed in the court below.

Good law ✅— No negative treatment on recordhow we know

Decided 1875-10-15

How this case has been cited

Cited by 6 later decisions — most recently February 1925

6 state decisions

30187518801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By tbe Court,

Hawley, C. J.:

¶2Tbe transcript .in this case contains an abstract of tbe •minutes, reciting in detail the orders of tbe court and proceedings during the trial; the findings of the court, original and amended judgments, injunction, stay of execution, no*283tice of appeal, undertaking on appeal, and exceptions to the sufficiency of tbe sureties and tbeir justification, presented independently in tlie apparent order of the trial and proceedings, instead of a statement on appeal, as is required by section 332 of the civil practice act. It is just such a transcript as it was held in Corbett v. Job “must be disregarded, because it is in no sense a statement, and this court has no right to consider it, even if it wished.” (5Nev. 205.)

¶3The notice of appeal improperly contains, as grounds 'upon which the appeal is taken, certain points which might properly have been stated in a statement on appeal, as an assignment of errors.

¶4There is a stipulation, signed by the respective counsel, “that the foregoing transcript on appeal is correct, and shall be the transcript in this case on appeal.” This, of course, applies to the verification of the transcript under the provisions of section 340, and not to section 332, which provides that when the statement is agreed upon by the parties, they shall certify “that it has been agreed upon and is correct.” If a statement had been filed with the clerk in compliance with the provisions of section 332, then, as this appeal is taken from the judgment, a copy of the statement should have been annexed to the judgment-roll, as provided in section 336.

¶5It is reasonable to believe that if counsel for appellants had examined the various provisions of title IX of Appeals in Civil Actions, chapter 1, some, at least, of the many omissions apparent in this record would have been supplied. There is no statement on appeal, no proper assignment of errors, no judgment-roll, and as there is no question properly presented for consideration, the appeal must be dismissed.

¶6It is so ordered.

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