Sullivan v. Benedict
Nebraska Supreme Court
Error from the district court of Holt county. Tried below before Kinkaid, J. A defendant against whom, a judgment is rendered in the county court, by default and in his absence, has the right to appeal after he has applied to have the judgment set aside, under the provisions of see. 1001 of the Code, and been denied. (Clendenning v. Craioford, 7 Neb., 474; Oudtner v. Kilpatrick, 14 Id., 347; Adams v. Thompson, 18 Id., 543.)
1Opinion of the CourtNorval, J.
This action originated in the county court of Holt county, and from a judgment in favor of the plaintiff, E. H. Benedict, the defendant Sullivan prosecuted an appeal to the district court, where, on motion of the plaintiff, the appeal was dismissed. The ruling of the district court is now assigued for error.
The appeal was properly dismissed for the reason the same was not taken within the time limited by statute. The judgment was rendered against the defendant by the county court on the 23d day of September, 1889, while the appeal undertaking was not given until the 3d day of November, 1890,…
2Cases cited4 opinions
- Lamden v. SharpTennessee Supreme Court · 1847
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Haggerty v. WalkerNebraska Supreme Court · 1887
- Strine v. KaufmanNebraska Supreme Court · 1882
3Cited by4 opinions
- Dryfus v. Moline, Milburn & Stoddard Co.Nebraska Supreme Court · 1895
- Anderson v. StateNebraska Supreme Court · 1957
- Merchants Savings Bank v. NollNebraska Supreme Court · 1897
- Crumay v. HenryNebraska Supreme Court · 1894