Roh v. Vitera
Nebraska Supreme Court
• Error from the district court of Butler county. Tried below before Wheeler, J. Motion by defendants in error to dismiss on the ground that the order complained of in the petition in error is not a final order. The order sought to be reviewed vacates a judgment by default and grants defendants leave to answer. Motion sustained.
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• Error from the district court of Butler county. Tried below before Wheeler, J. Motion by defendants in error to dismiss on the ground that the order complained of in the petition in error is not a final order. The order sought to be reviewed vacates a judgment by default and grants defendants leave to answer. Motion sustained. No judgment or order which does not determine the rights of the parties in the cause, and preclude further inquiry as to their rights in the premises, is a final judgment. The order in question was not, therefore, a final determination, and is not conclusive. (Hall v.…
1Opinion of the CourtMaxwell, C. J.
This action was brought in the district court of Butler county on the 2d day of August, 1892, by the plaintiff against the defendants upon a contract for the erection of a church. It is alleged, in substance, in the petition that the defendants are a voluntary religious association ; that in the year 1891 they had a building to be used for a church, partially completed; that they employed the plaintiff to complete the same, and promised to pay him the amount paid by him for labor and material and a reasonable compensation for his own services; that he then completed the building, and it has…
2Cases cited3 opinions
- Hansen v. BergquistNebraska Supreme Court · 1879
- Brown v. EdgertonNebraska Supreme Court · 1883
- Spencer v. ThistleNebraska Supreme Court · 1882
3Cited by3 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Vacca v. DeJardineNebraska Supreme Court · 1983
- Porter v. PorterNebraska Supreme Court · 2021