Smith v. Pinney
Nebraska Supreme Court
This was a petition in error filed to obtain a reversal of an order reinstating a cause, dismissed out of the District Court for Nemaha County for want of prosecution.
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This was a petition in error filed to obtain a reversal of an order reinstating a cause, dismissed out of the District Court for Nemaha County for want of prosecution. The facts fully appear in the opinion of the Court. 1st, An order of the District Court vacating a judgment rendered at a previous term, and reinstating the original case on its docket for trial, is an order affecting a substantial right, in a special proceeding, in an action after judgment, within the meaning of sect. 581 of the Code of Civil Procedure. Taylor v. Fitch, 12 Ohio State, 169 ; Bhmtington v. McIntyre, 8 Ohio…
1Opinion of the Court
Lake, J•
This case was brought by Smith against Fraker before a justice of the peace; from whose judgment it was appealed to the District Court. At the March term, 1870, on the suggestion of the death of Fraker, the action was duly revived, and continued against Pinney as the administrator of his estate.
Nothing further was done until the September term of the same year, when Pinney, the defendant, filed his motion to dismiss the case for want of prosecution. This motion was sustained, and judgment rendered against Smith for costs.
After the final adjournment of the Court at this term, Smith…
2Cases cited2 opinions
- Harris v. CarlisleOhio Supreme Court · 1843
- Miller v. AlbaughSupreme Court of Iowa · 1867
3Cited by11 opinions
- Lyman v. DunnNebraska Supreme Court · 1934
- Hansen v. BergquistNebraska Supreme Court · 1879
- Ganzer v. SchiffbauerNebraska Supreme Court · 1894
- Bradley v. SlaterNebraska Supreme Court · 1898
- Volland v. WilcoxNebraska Supreme Court · 1885
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