Continental Building & Loan Ass'n v. Mills
Nebraska Supreme Court
Motion by appellees to dismiss appeal from a decree of the district court of Lancaster county on the ground that the cause was not docketed in the supreme court within six months from rendition of judgment. Appellant resisted the motion on the ground that the delay in docketing the appeal resulted solely from the failure of the clerk below to prepare a transcript.
1Opinion of the CourtNorval, C. J.
This was an action to foreclose a real estate mortgage. One of the defenses was that the loan was tainted with the vice of usury. The issues were tried on June 30, 1894. The defense of usury was sustained and a decree of foreclosure was entered. The plaintiff appeals, the transcript being filed in this court January 16, 1895. The cause is submitted upon the motion of the appellees to dismiss the appeal, for the reason the same was not docketed in this court within six months after the entry of the decree.
The statute governing appeals to this court in actions in equity (section 675 of the…
2Cases cited18 opinions
- Smythe v. BoswellIndiana Supreme Court · 1889
- Omaha Coal, Coke & Lime Co. v. FayNebraska Supreme Court · 1893
- Moore v. WatermanNebraska Supreme Court · 1894
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- Bickel v. DutcherNebraska Supreme Court · 1892
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3Cited by11 opinions
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