Volume 47 — Nevada Reports

Moran, Judge. Action by Etta M. Young against James A. Holman and another. Judgment for plaintiff, and defendants appeal. On motion to dismiss appeal. There are two appeals. One is from judgment and the other from order denying motion for a new trial. Nelson v. Smith, 42 Nev. 302. Motion to dismiss appeal is based upon fact that assignment of errors was not filed within ten days after filing of transcript.

Moran, Judge. Action by Verd Kingsbury against John V. Copren, individually and as executor of the estate of Thomas J. Higgins, deceased. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. An estate is not liable for tort or breach of contract by executor. A complaint against an estate cannot be maintained against executor individually. Sterrett v. Barker, 51 Pac. 695; Van Slooten v. Dodge, 145 N.Y. 332.

<p>Original proceeding. Application for writ of habeas corpus by Leon Liotard.</p>

C. Hart, Judge. ' Suit by the Nevada Mining and Exploration Company and another against J. H. Rae and others. From judgment for plaintiffs and from an order denying motion for new trial, defendants appeal. Amendment may be allowed after verdict, presenting issue upon which both sides have introduced evidence; but amendment after verdict, changing issues so as to require new trial, should be refused. 31 Cyc. 404; Huron Dock Co. v. Swart, 24 Ohio C. C. 504.

Original proceeding by the State of Nevada, on the relation of Booth B. Goodman and others, for a writ of mandate against W. G. Greathouse, as Secretary of State. Sanders, J., dissenting.

On petition for rehearing. The appeal was not taken within time allowed and hence should be dismissed. Rev. Laws, 5829, as amended Stats. 1913, p. 113; Winter v. Winter, 3 Nev. 129; Luke v. Coffee, 31 Nev. 165. The purported bill of exceptions was not settled nor certified to as required by law. Stats. 1919, c. 237, p. 440; Capurro v. Christensen, 46 Nev. 249; Rickey v. Douglas M. & M. Co., 45 Nev. 341.