Legal Opinion

O'Donohue v. Hendrix

Nebraska Supreme Court

Decided July 15, 1882PublishedCited by 19 opinions

Motion to strike petition in error from files.

1Opinion of the Court

By tun Court.

This is a motion to strike a petition in error from the files.

First. Because there is no bill of exceptions.

Second. Because there was no motion for a new trial in the court below.

■ Third. Because the plaintiff in error (defendant below) did not elect to stand upon his demurrer to the petition.

'Arc any or all the causes sufficient to authorize the court in striking the petition in error from the files?

A bill of exceptions is necessary only in those cases where it is desired to bring into the record evidence or other matters which by law are not required to be entered of record.…

2Cases cited2 opinions

  1. Dale v. HunnemanNebraska Supreme Court · 1881
  2. Farrar & Wheeler v. TriplettNebraska Supreme Court · 1878

3Cited by19 opinions

  1. Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
  2. Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
  3. Scarborough v. MyrickNebraska Supreme Court · 1896
  4. Slobodisky v. CurtisNebraska Supreme Court · 1899
  5. Bennett v. OttoNebraska Supreme Court · 1903

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