Notwithstanding a sympathetic disposition to bestow upon these creatures in their advancing years a well-earned freedom from litigious strife, we are compelled by this decision to sentence them to further controversy. Connected cases: Bowler v. Vannoy, 67 Nev. 80, 215 P.2d 248, 216 P.2d 274; Leonard v. Belanger, 67 Nev. 577, 222 P.2d 193; Belanger v. Leonard, 68 Nev. 258, 229 P.2d 153; Bowler v. Dist. Ct., 68 Nev. 445, 234 P.2d 593. This is an action for claim and delivery brought by respondent as plaintiff to recover possession of the herd.
We therefore dismiss this appeal. See Leonard v. Belanger, 67 Nev. 577, 594-95, 601, 222 P.2d 193, 201, 204 (1950) (dismissing an appeal under the general rule that a party cannot appeal an order after assigning away its interest in the subject of the appeal such that the order does not prejudice the party); 4 C.J.S. Appeal & Error § 344 (2020) ("As a general rule, an appellate proceeding will be dismissed when a party to the proceeding ceases to have any interest in the subject matter in controversy, unless the right to continue exists by reason of statute or because of exceptional circumstances."). The third party was joined as a party to the district court action, but did not appeal from the district court's decision or join appellant's appeal.
" No such issue was even made here. In the recent case of Leonard v. Belanger, 67 Nev. 577, 222 P.2d 193, 200, in which we dismissed the appeal of certain defendants because of their disclaimer of any interest in the controversy or in the property involved in the litigation, we quoted with approval the rule stated in 88 A.L.R. 1159, as approved by this court in Kenney v. Hickey, 60 Nev. 187, 105 P.2d 192, as follows: "The mere fact that a party could properly arouse the jurisdiction of the court below does not establish his right to appeal from an adverse decision." Both appeals of the executor must be dismissed.
This is the fourth time, although under different titles, that this controversy has reached this court. See Bowler v. Vannoy, 67 Nev. 80, 215 P.2d 248, Leonard v. Belanger, 67 Nev. 577, 222 P.2d 193; Belanger v. Leonard, 68 Nev. 258, 229 P.2d 153. The Bowlers have now filed their petition for a writ of prohibition directed to the respondent court prohibiting certain receivership proceedings in still another action.
They ask that the order of dismissal of the appeal be stricken and that there be substituted the following order: "The motion to dismiss the appeal is granted and the case remanded to the lower court with instructions to dismiss the complaint without costs to either party." The facts in this litigation will appear from our opinion in Bowler v. Vannoy, 67 Nev. 80, 215 P.2d 248, in which we granted a writ of mandamus commanding the defendant sheriff to return certain livestock to the petitioners; also in Leonard v. Belanger. 67 Nev. 577, 222 P.2d 193, in which we dismissed the appeal of Childers and Vrenon. The present motion is based upon the ground that we dismissed the appeal because the question was moot; that under well settled law, the trial court's judgment in favor of respondent would not, under such circumstances, be conclusive against appellants or in favor of respondent in a subsequent action, Restatement of the law of judgments, 315, secs. 69, 69(2); that under the holding in United States of America v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed 36, it becomes incumbent upon appellants to make the present motion or else be deemed to have acquiesced in the dismissal, to have failed to avail themselves of their remedy and to be held to have slept on their rights; that appellants are now seasonably asking for the present order in response "to the command of the Munsingwear case"; that their right to seek the order now sought did not come into question until the dismissal of the appeal and the order denying rehe
Furthermore, since the net effect of the disclaimer is tantamount to a disclaimer of interest in the very subject matter of the garnishment proceedings, and appellant cannot be prejudiced by the judgment entered therein, she is not entitled to appeal. Leonard v. Belanger, 67 Nev. 577, 222 P.2d 193 (1950). The function of appellate courts is to decide issues when its decision would have an effect on the rights of the parties. Wood v. Gautier, 201 Kan. 74, 439 P.2d 73 (1968).