Legal Opinion

Credit Foncier of America v. Rogers

Nebraska Supreme Court

Decided October 15, 1878PublishedCited by 7 opinions

Error from the district court for Douglas county. Upon a trial of the cause in that court a verdict in favor of the plaintiff for $2,847.50, was returned into court, and defendant moved to set the same aside and for a new trial.

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Error from the district court for Douglas county. Upon a trial of the cause in that court a verdict in favor of the plaintiff for $2,847.50, was returned into court, and defendant moved to set the same aside and for a new trial. The motion was not passed upon by the court, and no judgment had been rendered on the verdict, when defendant moved -to dismiss the cause and for an order setting aside the verdict, basing the motion upon a stipulation signed by the president of the plaintiff and the attorney for the defendant, dismissing the action and cancelling any verdict or judgment that might…

1Opinion of the Court

Maxwell, Ch. J.

The attorneys in this case entered into the following stipulation:

“It is hereby stipulated that the foregoing is the record of the proceedings in said cause in said court, upon the motion to dismiss said cause, and shows truly all the proceedings therein, and contains all the evidence before said court on said motion. It is further agreed that said record may be filed in the supreme court, a certified transcript of the same being waived.”

This stipulation is appended to what purports to be a bill of exceptions, but the so-called bill of exceptions contains no certificate of the…

2Cases cited1 opinion

  1. Ray v. MasonNebraska Supreme Court · 1877

3Cited by7 opinions

  1. State Insurance v. Buckstaff Bros.Nebraska Supreme Court · 1896
  2. Rosecrans v. AsayNebraska Supreme Court · 1896
  3. Younie v. SpechtNebraska Supreme Court · 1916
  4. Jandt v. DeranlieuNebraska Supreme Court · 1895
  5. Dolen v. StateNebraska Supreme Court · 1884

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