Legal Opinion
Riddle v. Yates
Nebraska Supreme Court
Decided July 15, 1880PublishedCited by 5 opinions
Error to the district court of Lancaster county, to which the cause had been brought on appeal from a justice’s court.
1Opinion of the CourtLake, J.
It is only from a final judgment of a justice of the peace that an appeal to the district court lies. Code of Civil Procedure, sec. 1006. Gen. Stat., 686.
A judgment for costs merely, does not dispose of the action in which they are made, and is not final. Sprick v. Washington County, 3 Neb., 253. Nichols, Shepard Co. v. Hail, 5 Neb., 194.
The judgment in question was simply for costs, there being no dismissal of the case, as there ought to have been on the verdict of the jury in favor of the defendant.
The order of the district court dismissing the formal appeal was therefore right, and is…
2Cases cited2 opinions
- Sprick v. Washington CountyNebraska Supreme Court · 1874
- Nichols, Shepard & Co. v. HailNebraska Supreme Court · 1876
3Cited by5 opinions
- Neyens v. FlesherIndiana Court of Appeals · 1907
- Kometscher v. WadeNebraska Supreme Court · 1964
- Daniels v. TibbetsNebraska Supreme Court · 1884
- Hall County v. SmithNebraska Supreme Court · 1896
- Kometscher v. WadeNebraska Supreme Court · 1964