Citation Codes Equivalent Citations citation codes Docket Number No. 2925 Attorney(S) Wm. M. Kearney Sidney W. Robinson, for Frame Raffetto, for See more information ... Smart Summary Quinn v. Quinn, No. 2925 (Sup. Ct. Nev. Oct. 29, 1930) Factual and Procedural Background This matter comes before the Supreme Court of Nevada on a motion by the plaintiff to dismiss an appeal filed by Frank P. Quinn. The appeal challenged an order that (1) overruled the defendant's objections to the allowance and settlement of the plaintiff's proposed bill of exceptions, and (2) rejected the defendant's proposed modifications and amendments to that bill of exceptions. The appeal is from the Second Judicial District Court, Washoe County, with Geo. A. Ballard, Judge. Counsel of record in this appeal were Wm. M. Kearney and Sidney W. Robinson for the appellant, and Frame Raffetto for the respondent. The opinion is authored by Justice Sanders and dated October 29, 1930. Legal Issues Presented Whether an appeal lies from an order overruling a defendant's objections to the allowance and settlement of a plaintiff's proposed bill of exceptions and from the rejection of the defendant's proposed modifications and amendments to that bill of exceptions. Whether Chapter 91, Stats. 1913 (the statute enumerating instances in which an appeal may be taken) authorizes an appeal from the order described above. Arguments of the Parties The opinion does not contain a detailed account of the parties' legal arguments. Table of Precedents Cited Precedent Rule or Principle Cited For Application by the Court Quinn v. Quinn, No. 2912 The method of attaining the end desired by the defendant (procedural mechanism) The court noted that the method for obtaining the relief sought by the defendant is pointed out in Quinn v. Quinn, No. 2912, decided the same day. Court's Reasoning and Analysis The court granted the plaintiff's motion to dismiss the appeal. The court's reasoning was as follows: The court reiterated the principle that no appeal lies except when authorized by statute. It specifically cited Chapter 91, Stats. 1913 as the statute that enumerates the instances in which an appeal may be taken. The court examined the order appealed from and determined that the particular order overruling objections to the allowance and settlement of the plaintiff's proposed bill of exceptions, and rejecting the defendant's proposed modifications, is not among the instances enumerated in Chapter 91, Stats. 1913. The court referred to Quinn v. Quinn, No. 2912 (decided the same day) as identifying the procedural method by which the defendant could attain the relief sought, rather than by taking the present appeal. Holding and Implications APPEAL DISMISSED Direct effect: The court ordered that the appeal be dismissed. The opinion does not state any broader legal consequences or that it establishes new precedent; it confines the decision to the dismissal of this appeal and points to the statutory limitation on appeals and the alternative procedural method discussed in Quinn v. Quinn, No. 2912. Show full summary ... QUINN v. QUINN OPINION By the Court, SANDERS, J.: This matter is before the court on plaintiff's motion to dismiss an appeal by Frank P. Quinn from an order overruling defendant's objections to the allowance and settlement of the plaintiff's proposed bill of exceptions, and to the rejection of defendant's proposed modifications and amendments thereof. 1, 2. The motion must be granted. It has been often held by this court that no appeal lies except when authorized by statute. Chapter 91, Stats. 1913, enumerates the instances in which an appeal may be taken, and the order appealed from is not one of them. The method of attaining the end desired by the defendant is pointed out in Quinn v. Quinn, No. 2912, this day decided. It is ordered that the appeal be dismissed.