Hughes v. Kellogg
Nebraska Supreme Court
This was an action brought in the district court of Otoe county, by S. J. M. Kellogg, the defendant in error, against Hughes and Bickle. Upon a trial of the cause, a verdict being returned in favor of Kellogg, judgment was rendered thereon, and to reverse that judgment, Hughes and Bickle brought the cause here by petition in error. The facts fully appear in the opinion of the court.
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This was an action brought in the district court of Otoe county, by S. J. M. Kellogg, the defendant in error, against Hughes and Bickle. Upon a trial of the cause, a verdict being returned in favor of Kellogg, judgment was rendered thereon, and to reverse that judgment, Hughes and Bickle brought the cause here by petition in error. The facts fully appear in the opinion of the court. Mr. Justice (iantt, having been of counsel in the court below, did not participate in the decision of the cause in this court. moved to strike out the bill of exceptions, the same not having been reduced to…
1Opinion of the Court
Lake, Oh. J.
The motion must be overruled. In cases brought to this court, the objections made to a record of the court below, should be presented to the court in the argument of the cause upon its merits. A motion to strike out a part of a record, is not good practice. It presents the cause to this court by piece meal. Such questions, when presented upon the argument, will be considered by the court in its determination of the cause. The motion is overruled, and the case set down for argument.
The cause then came on to be heard, and Calhoun & Croxton, for plaintiffs in error, contended as…
2Cases cited3 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
- Magee v. CarmackIllinois Supreme Court · 1851
3Cited by3 opinions
- State v. HillNebraska Supreme Court · 1896
- Wood River Bank v. First National BankNebraska Supreme Court · 1893
- Nebraska National Bank v. LoganNebraska Supreme Court · 1890