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9 Nev. 148

Sherman v. Shaw

Nevada Supreme Court

Decided January 15, 1874

Nevada Supreme Court · decided 1874-01-15

This was an action against the sheriff of Lyon County for alleged conversion of a quantify of cord-wood and a number of oxen and other animals, of the aggregate value of eighteen Hundred dollars. The property had been seized by the defendant in his capacity of sheriff, on a writ of attachment, issued in a suit of Peter Klein v. Jacob Gugger, then pending in the Third District Court.

Cited by 3 later decisions — most recently October 1903

3 state decisions

Relies on Corbett v. Job · Caldwell v. Greely

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-15

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¶1By the Court,

Hawlex, J.:

¶2The statement on motion for new trial does not show . that it contains all the evidence. This Court has frequently and uniformly held that when the motion for a new trial is based, as in the present case, upon the insufficiency of the evidence to. justify the verdict, the statement will not be considered unless it affirmatively shows that it contains all the'material evidence produced at the trial. This rule of practice has been established so long, and affirmed so often, that it should not again be questioned. ■

¶3The objection urged against the ruling of the court in not striking out the testimony of the witness Boutin will not be considered, because it is not specified in the assignment of errors. The assignment of “ error of the court in admitting the testimony excepted to by the defendant ” as contained in the statement, is entirely too general. The appellant must specify the particular errors upon which he relies. *152“If no snob specifications be made, the statement shall be disregarded." Stats. 1869, 227, Sec, 197; Corbett v. Job, 5 Nev. 205; Caldwell v. Greely, 5 Nev. 260.

¶4It is as unsatisfactory to tbe Court, as it is to counsel, to bave eases disposed of upon mere questions of practice. But it must be remembered, tbat tbe rules of practice are as obligatory upon us as upon tbe parties to a suit; and if attorneys desire to bave their cases examined upon tbe merits, they must comply with the plain provisions of tbe statute, and tbe rules of practice as established by tbe Court.

¶5Tbe judgment and order denying a new trial are affirmed.

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