Styris v. Folk

Decision Date13 July 1943
Docket Number3393.
Citation139 P.2d 614,62 Nev. 208
PartiesSTYRIS v. FOLK.
CourtNevada Supreme Court

Appeal from District Court, Second District, Washoe County; William McKnight, Judge.

Action between Eli Styris and Otis B. Folk. From an adverse judgment, Eli Styris appeals. On respondent's motion to dismiss appeal.

Motion denied.

Morley Griswold and George L. Vargas, both of Reno, for appellant.

Lloyd V. Smith, of Reno, for respondent.

ORR, Chief Justice.

The appeal in this case was perfected on the 19th day of October, 1942. By stipulation the bill of exceptions was settled and allowed January 13, 1943. The transcript on appeal was filed in this court on May 26, 1943, thus there was a failure to comply with the requirements of Rule II of this court, which requires the transcript to be filed within thirty days after the appeal has been perfected and the bill of exceptions settled and allowed.

Because of such failure of appellant to file the transcript within the time provided by Rule II, respondent has moved to dismiss.

The transcript on appeal was filed before the motion to dismiss was noticed or made. By his failure to move to dismiss before the default had been cured by the filing of the transcript on appeal, respondent waived his right to take advantage of the provisions of said Rule II. Squires v. Mergenthaler Linotype Co., 60 Nev. 62, 99 P.2d 20.

We think the decision in the above cited case is sound and should be adhered to.

The motion to dismiss is denied.

TABER and DUCKER, JJ., concur.

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5 cases
  • Styris v. Folk
    • United States
    • Nevada Supreme Court
    • March 6, 1944
    ...for plaintiff on a jury's verdict and an order denying defendant's motion for a new trial, defendant appeals. Affirmed. See, also, 139 P.2d 614. Morley Griswold and George L. Vargas, both of for appellant. Lloyd V. Smith, of Reno, for respondent. DUCKER, Justice. Respondent, plaintiff in th......
  • Mahan v. Hafen
    • United States
    • Nevada Supreme Court
    • April 25, 1960
    ...is a factual matter regardless of whether the negligence arose by violation of statute or by ordinary negligence. Styris v. Folk, 62 Nev. 208, 209, 139 P.2d 614, 146 P.2d 782. 'Negligence per se and proximate cause are two separate and distinct issues. While one is presumed as a matter of l......
  • Armstrong v. Onufrock, 4163
    • United States
    • Nevada Supreme Court
    • June 25, 1959
    ...Failing in this duty, he is liable under the doctrine of last clear chance, for the natural consequences of his acts. Styris v. Folk, 62 Nev. 208, 209, 139 P.2d 614, 146 P.2d 782; Deiss v. Southern Pac. Co., 56 Nev. 151, 47 P.2d 928, 53 P.2d As a separate cause of action, Duane's mother sue......
  • Hotels El Rancho, Inc. v. Pray
    • United States
    • Nevada Supreme Court
    • January 20, 1947
    ... ... appeal, respondent waived her right to take advantage of the ... provisions of said Rule II. Styris v. Folk, 62 Nev ... 208, 139 P.2d 614, 146 P.2d 782; Squires v. Mergenthaler ... Linotype Co., 60 Nev. 62, 99 P.2d 20. Furthermore, the ... ...
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