Gartner v. State
Nebraska Supreme Court
Error to the district court for Pawnee county. Tried below before Appelget, J. The plaintiff in error was indicted for fraudulently disposing of mortgaged property. Prom an order overruling his plea in abatement he commenced a proceeding in error. Dismissed. The writ of error is available to any person convicted of a crime, but can issue only in those cases where the judgment of the lower court is final.
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Error to the district court for Pawnee county. Tried below before Appelget, J. The plaintiff in error was indicted for fraudulently disposing of mortgaged property. Prom an order overruling his plea in abatement he commenced a proceeding in error. Dismissed. The writ of error is available to any person convicted of a crime, but can issue only in those cases where the judgment of the lower court is final. In this case the plaintiff in error has been convicted of no crime, nor has-final judgment been entered. The action is prematurely brought to this court. An order made by the trial court upon…
1Opinion of the CourtNorval, J.
On the 21st day of April, 1891, an indictment was returned in the district court of Pawnee county against plaintiff in error, Charles Gartner, charging him with having fraudulently disposed of certain personal property, covered by a chattel mortgage, during the existence of the lien thereon. To this indictment plaintiff in error, at tire October, 1891, term of said district court, filed a plea in abatement, alleging as grounds for quashing the indictment:
“1. That one Evan Davis, a member of the grand jury that found the indictment, was not, at the time of finding the same, a qualified elector…
2Cases cited3 opinions
- The People v. . MerrillNew York Court of Appeals · 1856
- Farrel v. StateIndiana Supreme Court · 1855
- Green v. StateNebraska Supreme Court · 1880
3Cited by8 opinions
- State v. FranklinNebraska Supreme Court · 1975
- Kennedy v. StateNebraska Supreme Court · 1960
- State v. LauckNebraska Supreme Court · 2001
- Farrington v. StateNebraska Supreme Court · 1928
- Seven Valleys Bank v. SmithNebraska Supreme Court · 1895
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