State v. Omaha National Bank
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Baker, J. Original application for mandamus to compel the district court to obey the mandate of this court heretofore issued herein. Norvad, O. J., .dissenting. Constantine J. Smyth: After the reversal of an erroneous judgment the parties in the court below have the same right which they originally had.
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Error to the district court for Douglas county. Tried below before Baker, J. Original application for mandamus to compel the district court to obey the mandate of this court heretofore issued herein. Norvad, O. J., .dissenting. Constantine J. Smyth: After the reversal of an erroneous judgment the parties in the court below have the same right which they originally had. Phelan v. San Francisco, 9 Cal., 15. The reversal of a judgment generally for a specified error alleged to be the only error is the reversal of the whole judgment, and not only of the part held to be erroneous. Davis v.…
1Opinion of the CourtSullivan, J.
This is an application for a mandamus directing the district court of Douglas county to vacate a judgment which the state contends was rendered in disregard of the mandate of this court. There is no dispute about the facts. At a former term we-disposed of the case of State v. Omaha Nat. Bank, 59 Nebr., 483, by reversing the judgment of the district court and remanding the cause for further proceedings. After the mandate went down and the district court was again possessed of the action, the attorney general withdrew his motion to dismiss the cause. Thereupon the defendants moved for a…
2Cases cited9 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- In Re Washington & Georgetown RailroadSupreme Court of the United States · 1891
- Mason v. Pewabic Mining Co.Supreme Court of the United States · 1894
- Cox v. PruittIndiana Supreme Court · 1865
- National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
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3Cited by4 opinions
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