Bank of Nevada v. Drayer-Hanson, Inc.
| Decision Date | 25 May 1954 |
| Docket Number | I,DRAYER-HANSO,No. 3790,3790 |
| Citation | 70 Nev. 416,270 P.2d 668 |
| Parties | BANK OF NEVADA v.nc. |
| Court | Nevada Supreme Court |
John H. McNamee, Las Vegas, for appellant.
Emilie N. Wanderer, Las Vegas, for respondent.
The appeal herein has never been docketed nor the record on appeal filed by appellant. Upon respondent's motion the appeal was docketed for the purpose of moving its dismissal. Five grounds are stated for dismissal, one of which is that the appeal was not docketed and the record upon appeal filed within the time provided by Rule 73(g), Nevada Rules of Civil Procedure.
Notice of appeal was filed June 22, 1953, six months after N.R.C.P. became effective. While this matter was pending at the time the rules became effective, no reason appears why application of the rules would not be feasible or would work injustice. See Rule 86, N.R.C.P.
Appellant has resisted the motion to dismiss but has shown no reason for its failure to docket the appeal or file the record on appeal within the time provided. The appeal therefore must be dismissed with costs. Doolittle v. Doolittle, 70 Nev. ----, 262 P.2d 955.
It is so ordered.
To continue reading
Request your trial
-
McLean's Estate, In re
...73 Nev. 162, 312 P.2d 635, and not within the holdings of Doolittle v. Doolittle, 70 Nev. 163, 262 P.2d 955; Bank of Nevada v. Drayer-Hanson, Inc., 70 Nev. 416, 270 P.2d 668; Cole v. Cole, 70 Nev. 486, 274 P.2d 358; or McDowell v. Drake, 77 Nev. ----, 360 P.2d 257; Board of Trustees of Doug......
-
Garibaldi Bros. Trucking Co. v. Waldren
...of her motion to dismiss the appeal respondent relies on Dolittle v. Doolittle, 70 Nev. 163, 262 P.2d 955, Bank of Nevada v. Drayer-Hanson, Inc., 70 Nev. 416, 270 P.2d 668, and Cole v. Cole, 70 Nev. 486, 274 P.2d 358. Appellants maintain that the delay in filing the record was the result of......
-
Montesa v. Gelmstedt
...270 P.2d 668 ... 70 Nev. 418 ... GELMSTEDT ... Supreme Court of Nevada ... May 25, 1954 ... Rehearing Denied July 1, 1954 ... ...
-
Dreyer v. Dreyer, 4100
...and that the motion to dismiss the appeal must be granted. Doolittle v. Doolittle, 70 Nev. 163, 262 P.2d 995; Bank of Nevada v. Drayer-Hanson, Inc., 70 Nev. 416, 270 P.2d 668. Respondent asserts that the appeal is frivolous and sham and moves that she be awarded $500 as damages. The only au......