Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-03-03
OPlNIoN-BY MASSEY. J..

TIL" respondent asks that this appeal be
dlsh issed for a number of reasons based
upon alleged defects in the record. That
the discussion of the questions presented
by respondents motion may be fully I'M
derstood it is necessary to recite some of
the Facts upon which the motion is based.
The appeal is taken from an order of the
lower court denying appellants motion
for a new trial. The record filed in this
court consists of original papers. The
FIRST volume of the record is composed of
the complaint, stipulations
judgment II other papers. The state
ment on motion for a new trial consists
OF two volumes filed in this court on
-AprIi =, 1898, and one additional volume
yer which there is contention. filed on
the 4th day of May. ISIS. tI. record in
brief consists of four volui.,.~ composed
OF or ginal p~leadings, stiHulalon~. find
lngS md three volumes of the statement
on motion for new trial, the order DENYING
the motion for new trial. notice of appeal
n Undertaking on appeal. The order
denying the motion for a new trial was
VIZ III NbN Vi I'Sttll Der, lS!it,
ana We md among the papers not certi-
he'd as having been used, read. or referred
TO on ohe hearing in the court below, 4
stipulation entered into on that date be-
tween the respondent and the appeIIa nts
to the effect, that in any appeal in said
action and the hearing of the same. either
party might produce any exhibit men
toned in the engrossed statement on mo-
ton for new trial, and the same should be
considered a part of the record on appeal
as though properly endorsed AID duly
certified by the judge Of the trial court
as having been used, read. or referred to
on the hearing of the motion for a new
trial. There is a further stipulation of a
dliier' MT date submitting the appellants
motion for a new trial to the lower c0urt
with" 1t argument, and to the effect. that
the a ginal maps and exhibits on file in
sali u Shall be endorsed by the Judge
as ma ing been used at and upOn the
hearl' g Of said motions and the same
Shall constitute a portion of the record
ana 'atement on motion for a new trial.
On the 4th day of April, 1898. an order
was II ade by this court setting the cause
for he ring m the 9th dav of Nav. 1905
On thu 18th day of April, 1895. the respon-
dent a )peared by counsel and upon no
tice u en- to the appellants before that
time, lsked the court to vacate it's order
setting the action for hearing at the time
named. This motion was heard and upon
the showing made the order of April 4th
was ";.cated and the hearing of the cause
continued until the 9TH day of July. 1898,
upon he respondent entering into a stip-
ulatlon to the effect that the Judgment of
the lower court should be stayed pending
the herring of the cause. On the 3rd dav
OF Juua, 1898, the respondent filed his
points and authorities under the rule in
which he discusses the merits of the ac-
ton ard nothing more. ON the 5th dav
OF jul, 1898, the action was orally argued
by cou lsel and the objections to the rec
ord for the first time made.
1t is claimed by the respondent that
there S no sufficient notice of appeal
served and nled as required 10y the. pro-
visions of our law to confer jurisdiction
upon Ibis court to hear and determine
this appeal. The notice furnished the
court is as follows:
In the District Court of the State of
Nevadl !, Second Judicial District. Hum
boldt , Ounty. George ID. Bliss, Plaintiff
VS.. VA. Dunphy, George w. Grayson
and ia nes T.. Anderson, ct al. Defend
ants. -'otice of Appeal.
The tbove named plaintiff George ID.
Bliss and Byron Waters and VIM. 5. Bon
hiileld PLAINTIFFS attorneys are hereby
notified that the above named defendants
George w. Grayson and James p. Ander-
son appeal to the Supreme Court of the
State OF Nevada from the order of the
court 0he motion Of said defendants
George w. Grayson and James p. Ander-
o for \ New Trial in the above entitled
action, which said motion was made. en-
tered AID filed on to-wit: December Elev-
cnth, \. ID, 1891. Robt. NJ. Clarke, Attor-