Styris v. Folk, 3393.
| Docket Nº | 3393. |
| Citation | 139 P.2d 614, 62 Nev. 208 |
| Case Date | July 13, 1943 |
| Court | Supreme Court of Nevada |
139 P.2d 614
62 Nev. 208
STYRIS
v.
FOLK.
No. 3393.
Supreme Court of Nevada
July 13, 1943
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 [62 Nev. 209] 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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Styris v. Folk, 3393.
...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. [146 P.2d 783] [62 Nev. 211] Morley Griswold and George L. Vargas, both of Reno, for appellant. Lloyd V. Smith, of Reno, for respondent. DUCKER, J......
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Hotels El Rancho, Inc. v. Pray, 3471.
...the filing of the transcript on 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 affidavit shows that the [64 Nev. ......
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Styris v. Folk, 3393.
...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. [146 P.2d 783] [62 Nev. 211] Morley Griswold and George L. Vargas, both of Reno, for appellant. Lloyd V. Smith, of Reno, for respondent. DUCKER, J......
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Hotels El Rancho, Inc. v. Pray, 3471.
...the filing of the transcript on 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 affidavit shows that the [64 Nev. ......