Verges v. Roush
Nebraska Supreme Court
This was a suit in chancery for the foreclosure of a mortgage.- A decree of foreclosure was entered on the 1st day of November, 1866. Notice of appeal was filed the next day. The transcript of the record in the District Court was filed in the Supreme Court, on the 7th. day of September, 1867. A motion was made to dismiss the appeal, because the transcript was not filed in this court, within six months from the filing of the notice of appeal in the District Court.
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This was a suit in chancery for the foreclosure of a mortgage.- A decree of foreclosure was entered on the 1st day of November, 1866. Notice of appeal was filed the next day. The transcript of the record in the District Court was filed in the Supreme Court, on the 7th. day of September, 1867. A motion was made to dismiss the appeal, because the transcript was not filed in this court, within six months from the filing of the notice of appeal in the District Court. Section 774 of the Eevised Statutes requires the appealing party to file a written notice of appeal with the clerk of the District…
1Opinion of the Court
Mason, Ch. J.
The statute required this transcript to be filed within ' six months from November 2d, 1866, and provides as a *114consequence of default in this particular, that the appeal should be entirely disregarded. The rule in respect to •matters of practice is, that the court possesses no dispensing power, when the legislature has spoken. ■ Thus where a statute declares that a judge at chambers may direct a new trial, if application is made within ten days after judgment, it has been held, that he could no more enlarge the time, than he can legislate on any other matter. — Seymour v. Judd, 2…
2Cases cited1 opinion
- Eldridge v. Howell & HowellNew York Court of Chancery · 1834
3Cited by4 opinions
- Larson v. WegnerNebraska Supreme Court · 1930
- Continental Building & Loan Ass'n v. MillsNebraska Supreme Court · 1895
- Renard v. ThomasNebraska Supreme Court · 1897
- Independent Lubricating Co. v. GoodNebraska Supreme Court · 1938