Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-05-29

dhu oii the 10Th day of January. 1897 ti}.
court overruled said motion. to y, bic,
ruling the appellant excepted
Judgment was entered Oh the 2Ist day
OF January, 1897, in favor Of the respond
eht, and from that judgment both partie es
have appealed.
The contention Of the respondent tho,
lie 81 t''n"nt should not be considered
nF I'M co,rt for certain reasons canno,
he sustained, This action was arpued or.
suS upon its merits on the 10th day OF
March, 1897, Oh which date the respondent
hied brief. No objections were made to
The statement during said arg Iment nor
! were any objections noted to the same i'm
the brief filed at that time, Permission
| was granted to respondent to file fur
| 1her orlef In the case, and in that brief the
| objections to the statement were for the
| iirst tline, made. 1t has been held by this
court that when counsel appear and orally
argue case upon its merits, and after
wards, by leave of the court. file a brief
anu thefeln rely upon objections to the
statement, that the oral argument upon
| tie merits amounts 10 waiver of the oh
| jections to The statement.
Tr1ck"e Lodge vs.. Wood Of n ii
New, 2a3.
Annall,,t ton,,.a,..,
in -of,s;. ;, '' '''' ''''It trTfd
and count tha ,,,.,.'' b,m. ''''>' 20 examine
..,ua a,,,I +,,,,.,',,.- ''e'' from heo-
books used i, said ,,r,,i,,a. "l'., ''e pom
pursue the same course with reference to
ballots OF Eureka precinct No. .. The req
of said m,otil,, ,,a,.o ,,Y .'' ''i' granting
evidence that rbo l,aIIa. I,.' {" III
nrac;,.t ,.-,,. 49,. ,..,I, ''N AZ h'o"a"e
tbo r.,,,,,.,.c ~, 'te'' "' HNer3d to
tho o.,,.,,.',,.,. '"' county and
lot. 4., "'' unused hal
,,.a,.;,..,, 49,, '''V 1iSl''t'f> OF said
hofnro.,..,,,. '"l'H "f"A'h open
1i'' returns W"> u:'dc;
atont:,., ,''''''S returned "y the
~ >''' precinct, as hay
,n? '''0" anu NOT counted by said
were perfect ballots containing
dor+bo,,, ,.l;,1. '''''' '""'" I">Hi"iy rem
,.,t,,..,. 'i'''' It appeara' from tn
'-'i'N" PF"1hrt No. :, that -
ii"' 'cth cast itr ftspon lent and
+I,. ,-.,+o. ''''' .''""' ny inc court Of
-, O'''" P'''''''l' II appeared that
I.'''' ''7" east Tor salt rcSpon-
,,..,, ''t'tt''lN ir"lh inc t"StI-
*, - '"'cN ana j. II. NW-
'i'' ''"rt"n officers of B.o-
"''- F''in = mat tn"rc were five bal
0''''' y Voc" and poiivd in said
r. ,.-..... ''' ''oli-t'"ls had refused
.I., -, 0''''''Ht" HNltct; that |
-, "ti' ''l"fheH With the other !
- ''''''' "F h"l ~ tine Board |
,.,,, '''''''@'I"h'fH; that all the |
,,,,,' ~o''''''' III SAID precinct Were
ave o@'i"'N cast but not !
',' N'T'l'g. II .HrtN"r an :
..., 'l7 p'lt"iS III these pEt...'.-, !
i'i1 All me "ther ballots Of tie !
P''Ci'ictS Oh IN" county, had been |
" "ll" ldhuiei by the Board of County
"I Salu county on the 9TH
,ba ,.,,;.'.: 'r'''' "poh recount upon
49, ~ VI announcer candidate for
iFildl'' IL further
- 'i'' u''i my the trial OF this action
-i''' '"e registry lists of these precincts
''''' 'i'' peel' offered IN evidence and We're
ot Ill evidence.
no l ,''F "PP"i'ant insists
W. ~ '':lEIlS ms motion.
,ra,. 80 si'"" 'hG what
hatanv f,.,,4 },,,II,'' ''1. 'PpeIIah'
,ersou -. ,,e,,.o,,., :, '''e" ny any
+ sao,n. tho, .1,o ,,.I, awe ''ecihct-
inct in,.,,,di,o,ti,,1 'i''" ''''t pre-
,ad all nno, ,,rls.... ''''''> not counted
ullv examined h., .,,,,rt .,,,,l ,'''' '''''
ounted, The same tr,,a't :, ''''
aSt in t,rra.x, nr..,.i,,,, "'''''7
ot charoo1 agii,-ttI,a ,I.t. ''a''o WAS
aid precinct in .ount:,o .hl,,ti,, Di,'..'> "'
From tho reod;n,.,t.1 '",'''H.
ion. the onlr n,r,I',a >"''>ei mo- a
ertain wbotba,. aiY;l,o,1 'noieo' was 10 as q
rable to appeuan, 4 s,ronra. 1-l'S' '''-
,,p .I,;, .,,..., - ing I