Kelly v. Morse
Nebraska Supreme Court
This was a petition in error to reverse the judgment of the district court of Dodge county, affirming a judgment of the probate court upon an award of arbitrators, duly made and returned to said probate court, in pursuance of the agreement of submission.
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This was a petition in error to reverse the judgment of the district court of Dodge county, affirming a judgment of the probate court upon an award of arbitrators, duly made and returned to said probate court, in pursuance of the agreement of submission. The alleged errors consist in the entry of a judgment in the probate court against the plaintiff in error, on the 9th' day of December, 1871, for the sum of two hundred dollars damages and $14.85 costs, being an amount found due by arbitrators, to whom he and the defendant in error had submitted certain differences between them. No notice was…
1Opinion of the Court
Lake, Ch. J.
It is urged as an objection to this judgment of the probate court, that it does not appear to have been rendered at a regular term as is required by the act regulating the practice in that court, in cases where the amount claimed exceeds the jurisdiction of a justice of the peace.
The record shows that the judgment was rendered on tire ninth day of December, and inasmubh as the statute then in force on the subject required the court to be held on the first Monday of that month, it is urged that the record ought to show that the term actually commenced *228on that day, and had been…
2Cases cited1 opinion
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
3Cited by8 opinions
- State ex rel. Ayres v. AmsberryNebraska Supreme Court · 1920
- State ex rel. Snow v. FarneyNebraska Supreme Court · 1893
- State ex rel. Hubbard v. NorthwallNebraska Supreme Court · 1949
- In re CostelloNew York Supreme Court · 1951
- In re WilliamsCourt of Appeals for the D.C. Circuit · 1924
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