History
  • No items yet
midpage
Leete v. Sutherland
20 Nev. 71
Nev.
1887
Check Treatment

The facts appear in the opinion and briefs of counsel. This is an appeal from an order granting a new trial. Application for the order was made to the district court upon the ground of irregularity upon the part of the adverse party, and in the proceedings of the court, and surprise which ordinary prudence could not have guarded against.

Motions for new trials for these causes must be supported by affidavits. The record does not contain the affidavits used in *Page 73 support of the motion. We are, therefore, unable to review the ruling of the district court. In the absence of an affirmative showing to the contrary, the presumption is, that affidavits were used in support of the motion, and that the ruling was correct.

The order of the district court is affirmed.

Case Details

Case Name: Leete v. Sutherland
Court Name: Nevada Supreme Court
Date Published: Oct 5, 1887
Citation: 20 Nev. 71
Docket Number: No. 1268.
Court Abbreviation: Nev.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.