Monell & Lashley v. Terwilliger
Nebraska Supreme Court
Error from the district court for Lancaster county. cited Carothers v. Wheeler, 1 Oregon, 194. Paine v. Mason, 7 Ohio State, 206. Cock v. Bunn, 6 Johns., 326. Code, sec. 892. Gen. Stat., 662. The plaintiffs in error did not file their appeal bond within ten days as provided by section 1007, nor transcript within thirty days next following, and plaintiff in error cannot file appeal undertaking after ten days under section 895, page 662, general statutes.
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Error from the district court for Lancaster county. cited Carothers v. Wheeler, 1 Oregon, 194. Paine v. Mason, 7 Ohio State, 206. Cock v. Bunn, 6 Johns., 326. Code, sec. 892. Gen. Stat., 662. The plaintiffs in error did not file their appeal bond within ten days as provided by section 1007, nor transcript within thirty days next following, and plaintiff in error cannot file appeal undertaking after ten days under section 895, page 662, general statutes. The section just named does not apply to appeal from justice courts, but proceedings in the higher courts, and the general statute on time…
1Opinion of the CourtLake, J.
This is a proceeding in error to reverse the judgment of the district court for Lancaster county dismissing an appeal taken from a judgment of a justice of *362the peace. The grounds of the dismissal .were — First That the undertaking required by see. 1007 of the code of civil procedure was not given within the time limited by the statute. Second. That the transcript was not filed in the district court within thirty days from the rendition of the judgment appealed from.
Section 895 of the code of civil procedure is as follows: “The time within which an act is to be done as herein provided shall be…
2Cited by2 opinions
- McGinn v. StateNebraska Supreme Court · 1895
- Beard v. RingerNebraska Supreme Court · 1894