Spanheimer Roofing & Supply Co. v. Thompson

The majority opinion says: “We have previously held that a motion for new trial not filed within 10 days after verdict, report, or decision is rendered is a nullity, Pallas v. Dailey, 169 Neb. 277, 99 N. W. 2d 6, so a motion for new trial filed prior to the rendition of a judgment must equally be said to constitute a nullity.”

We have said numerous times that the motion for new trial serves two functions: (1) To inform the trial judge of the complained-of errors as a necessary condition precedent to our ruling on trial errors. (2) Its timely filing is necessary if the party wishes to use the…