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Bill Stremmel Motors, Inc. v. Kerns

Supreme Court of Nevada
Feb 26, 1975
531 P.2d 1357 (Nev. 1975)

Summary

declining to consider an argument that the evidence failed to support the judgment where appellant did not move for a directed verdict, judgment notwithstanding the verdict, or new trial

Summary of this case from McAnally v. Bell

Opinion

No. 7326

February 26, 1975

Appeal from Second Judicial District Court, Washoe County; Grant L. Bowen, Judge.

Petersen Petersen, of Reno, for Appellant.

John Frankovich, of Reno, for Respondent.


OPINION


This appeal is from a judgment entered on a jury verdict, awarding actual and punitive damages for fraud.

Appellant made no motion for a directed verdict, NRCP 50(a), or for judgment notwithstanding the verdict, NRCP 50(b), or for a new trial, NRCP 59(a). However, on appeal, appellant urges that the evidence fails to support the judgment. We will not consider this contention. See: Price v. Sinnott, 85 Nev. 600, 460 P.2d 837 (1969); NRCP 50(b), as amended in 1971.

Similarly, we decline to consider an objection first proffered on appeal concerning a jury instruction on burden of proof. NRCP 51; Fireman's Fund Ins. v. Shawcross, 84 Nev. 446, 442 P.2d 907 (1968); Shoshone Coca Cola v. Dolinski, 82 Nev. 439, 420 P.2d 855 (1966).

Having considered appellant's other contentions, we believe appellant has demonstrated no error, properly preserved for review, which affected substantial rights of the parties.


Summaries of

Bill Stremmel Motors, Inc. v. Kerns

Supreme Court of Nevada
Feb 26, 1975
531 P.2d 1357 (Nev. 1975)

declining to consider an argument that the evidence failed to support the judgment where appellant did not move for a directed verdict, judgment notwithstanding the verdict, or new trial

Summary of this case from McAnally v. Bell
Case details for

Bill Stremmel Motors, Inc. v. Kerns

Case Details

Full title:BILL STREMMEL MOTORS, INC., APPELLANT, v. JACK L. KERNS, RESPONDENT

Court:Supreme Court of Nevada

Date published: Feb 26, 1975

Citations

531 P.2d 1357 (Nev. 1975)
531 P.2d 1357

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