McKinley & Lanning v. Chapman
Nebraska Supreme Court
Error from the district court of Box Butte county. Tried below before Kinkaid, J. An appeal undertaking is filed in time when it is delivered to the county judge at 9:30 P. M. of the tenth day after judgment. {Dale v. Doddridge, 9 Neb., 143; McGavock v. Pollack, 13 Id., 537; Helphenstine v. Vincennes National Bank, 65 Ind., 589.) A paper is said to be filed when it is delivered to the proper officer and by him received to be kept on file. '{Sutton v. McCoy, Wright [O.], 95;…
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Error from the district court of Box Butte county. Tried below before Kinkaid, J. An appeal undertaking is filed in time when it is delivered to the county judge at 9:30 P. M. of the tenth day after judgment. {Dale v. Doddridge, 9 Neb., 143; McGavock v. Pollack, 13 Id., 537; Helphenstine v. Vincennes National Bank, 65 Ind., 589.) A paper is said to be filed when it is delivered to the proper officer and by him received to be kept on file. '{Sutton v. McCoy, Wright [O.], 95; Peterson v. Taylor, 15 Ga., 484; Perkins v. Strong, 22 Neb., 731.)
1Opinion of the Court
Maxwell, Ch. J.
A trial was had in this case in the county court on the 8th day of July, 1890, and judgment rendered against the plaintiffs in error for the sum of |450. On the 18th of the same month the plaintiffs placed their undertaking for an appeal in the hands of the county judge, whereupon the next day he made the following record of such filing:
“ In the County Court Box Butte County, State of Nebraska.
“John T. Chapman
y.
McKinley & Lanning,
Job Hathaway, and H. B. Austin.
“I, D. K. Spacht, county judge within and for the county of Box Butte, state of Nebraska, hereby certify that the…
2Cases cited1 opinion
- State ex rel. Morrison v. ClarkNebraska Supreme Court · 1888
3Cited by1 opinion
- State ex rel. Rickgauer v. KlokeNebraska Supreme Court · 1907