Smith v. Garbe
Nebraska Supreme Court
Appeal from the district court for Fillmore. county: -Leslie G. Hurd, Judge.
1Opinion of the CourtFawcett, J.
A number of questions have been discussed in this case which we do not deem it necessary to consider. Various assignments of error on the part of the trial court in the admission of evidence cannot be considered for two reasons : First, no motion for new trial was filed in the court below; second, even if there had been such a motion, this is an equity case and Avas tried to the court without the aid of a jury. In such cases the rule is well settled in this state that errors of the court in admitting testimony Avill not be considered. This court will presume that the trial court only…
2Cases cited8 opinions
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Morrison v. KingIllinois Supreme Court · 1871
- Shelby v. Chicago & Eastern Illinois RailroadIllinois Supreme Court · 1892
- Lidgerding v. ZignegoSupreme Court of Minnesota · 1899
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3Cited by23 opinions
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- In Re Hendricksen's EstateNebraska Supreme Court · 1953
- Enyart v. EnyartNebraska Supreme Court · 1916
- Schneider v. DeckerSupreme Court of Oklahoma · 1930
- Sherard v. StateNebraska Supreme Court · 1993
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