Wells, Fargo & Co. v. Preston
Nebraska Supreme Court
This was a petition in error brought to reverse a judgment of the district court of Douglas county. Upon the trial of the cause in that court, a verdict being given in favor of the plaintiff and against the defendant, motion for a new trial was filed, but not within the time prescribed by the code. Upon motion of the plaintiff, the motion for a new trial was stricken from the files, and judgment rendered on the verdict.
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This was a petition in error brought to reverse a judgment of the district court of Douglas county. Upon the trial of the cause in that court, a verdict being given in favor of the plaintiff and against the defendant, motion for a new trial was filed, but not within the time prescribed by the code. Upon motion of the plaintiff, the motion for a new trial was stricken from the files, and judgment rendered on the verdict. To.reverse this judgment, the cause is brought to this court by Wells, Fargo & Co., who were defendants in the court below, upon petition in error. The counsel for defendant…
1Opinion of the CourtCrounse, J.
Application for a new trial must be made within three days after the verdict or decision is given in the trial court,'unless unavoidably prevented. This is so declared by section three hundred and sixteen of the code. General Statutes, 1873, page 578. In this case no such application was made within the prescribed time. The one made was for this reason stricken from the files, and the case stands as though no motion had been made.
In the case of The Midland Pacific Railroad Company v. McCartney, 1 Neb., 398, it was the purpose of this court to declare the rule that unless a motion for a new…
2Cases cited2 opinions
- Mills v. MillerNebraska Supreme Court · 1873
- Midland Pacific Railroad v. McCartneyNebraska Supreme Court · 1871
3Cited by6 opinions
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Bradley v. SlaterNebraska Supreme Court · 1899
- Tomer v. DensmoreNebraska Supreme Court · 1879
- Scroggin v. National Lumber Co.Nebraska Supreme Court · 1894
- Pennington County Bank v. BaumanNebraska Supreme Court · 1908
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