Afriat v. Afriat

Decision Date04 December 1941
Docket Number3346.
Citation119 P.2d 883,61 Nev. 321
PartiesAFRIAT v. AFRIAT.
CourtNevada Supreme Court

Appeal from First Judicial District Court, Ormsby County; Clark J. Guild, Judge.

Action between Jennie Afriat and James J. Afriat. From an adverse judgment, the former appeals. On motion to dismiss appeal.

Motion denied.

See, also, 117 P.2d 83.

Bowen & Custer, of Reno, for appellant. Felice Cohn, of Reno, for respondent.

ORR, Justice.

Respondent has presented a motion to dismiss the appeal.

The motion states that "respondent will, through his undersigned counsel, move the Court to dismiss the appeal taken in the above-entitled action".

In this case an appeal has been taken from the order denying the motion for new trial, as well as from the judgment and the whole thereof. It cannot be ascertained from the motion to dismiss the appeal herein whether the motion goes to the appeal from the judgment or the appeal from the order denying the motion for new trial, or both. It is, therefore, too general, and is denied. Peri v. Jeffers, 53 Nev. 49, 292 P. 1, 293 P. 25, 298 P. 658; Coykendall et al. v. Gray et al. 53 Nev. 113, 293 P. 436.

DUCKER, C.J., and TABER, J., concur.

To continue reading

Request your trial
10 cases
  • Hotel Riviera, Inc. v. Short
    • United States
    • Nevada Supreme Court
    • November 24, 1964
    ...influenced by the decisions of this court in Melahn v. Melahn, 78 Nev. 162, 370 P.2d 213, or Afriat v. Afriat, 61 Nev. 321, 117 P.2d 83, 119 P.2d 883. The order striking the affidavit of prejudice, following the waiver implicit in agreement of counsel that Judge Wines might try the case, wa......
  • Aetna Cas. and Sur. Co. v. LK Comstock & Co.
    • United States
    • U.S. District Court — District of Nevada
    • April 9, 1980
    ...the Court said: "In order to establish a waiver, the intention to waive must clearly appear, Afriat v. Afriat, 61 Nev. 321, 117 P.2d 83, 119 P.2d 883, and the party relying upon the waiver must have been misled to his prejudice. Union Central Life Ins. Co. v. Schultz, 45 Idaho 185, 261 P. 2......
  • Caye v. Caye
    • United States
    • Nevada Supreme Court
    • March 19, 1949
    ...for such items. Cunningham v. Cunningham, 60 Nev. 191, 200, 102 P.2d 94, 105 P.2d 398; Afriat v. Afriat, 61 Nev. 321, 328, 117 P.2d 83, 119 P.2d 883. The as to the granting of allowances on appeal is well settled in this state and need not be discussed. [1] The cases cited in the footnote a......
  • State v. Corinblit
    • United States
    • Nevada Supreme Court
    • June 19, 1956
    ...the law. An aggrieved person is one whose rights are in any respect concluded by the judgment. Afriat v. Afriat, 61 Nev. 321, 117 P.2d 83, 119 P.2d 883. The state does not assert that an essential element of the crime of embezzlement was not lacking in the case. It is not aggrieved by the l......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT