Garneau v. Omaha Printing Co.
Nebraska Supreme Court
Motion to dismiss from the supreme court a'proceeding in error from the district court of Douglas county, affirm the judgments alleged to be erroneous, and, under section 596 of the Code, assess against the plaintiff in error five per cent of the amount due from him. The grounds of the motion were that the plaintiff in error brought the case to the supreme court for the purpose of delay, and failed to file transcript and briefs.
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Motion to dismiss from the supreme court a'proceeding in error from the district court of Douglas county, affirm the judgments alleged to be erroneous, and, under section 596 of the Code, assess against the plaintiff in error five per cent of the amount due from him. The grounds of the motion were that the plaintiff in error brought the case to the supreme court for the purpose of delay, and failed to file transcript and briefs. This proceeding presents no question of law or fact upon which this court could pass, and hence the petition in error should be dismissed (Upton v. Cady, 38 Neb.,…
1Opinion of the CourtNorval, C. J.
On the 5tli day of March, 1894, the plaintiff in error filed in this'court a petition in error to obtain a reversal of two judgments recovered against him in the court below by the defendant in error on the 24th day of March, 1894. The cause is submitted upon the motion of the defendant in error to dismiss this proceeding and affirm the cases and render a judgment against the plaintiff in error for five per cent upon the amount of the judgments as provided by section 596 of the Code of Civil Procedure. The grounds *849•of the motion are two: (1.) Plaintiff in error has failed to perfect the…
2Cases cited4 opinions
- Ward v. UrmsonNebraska Supreme Court · 1894
- City of Brownville v. MiddletonNebraska Supreme Court · 1871
- Baker v. KlosterNebraska Supreme Court · 1894
- Same v. SameNebraska Supreme Court · 1885
3Cited by8 opinions
- Slobodisky v. CurtisNebraska Supreme Court · 1899
- Niklaus v. HollowayNebraska Supreme Court · 1944
- Coburn v. WatsonNebraska Supreme Court · 1896
- Hornick, Hess & Moore v. MaguireNebraska Supreme Court · 1896
- Einspahr v. Exchange National BankNebraska Supreme Court · 1896
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