McClintock v. Nemaha Valley Schools

While I believe the court reached the right result in this case, I disagree with the holding that a motion for new trial is required to review the decision in an equity case where the case is to be decided as a matter of law upon the pleadings and evidence.

The rule has been that a motion for new trial is necessary in an equity case only to obtain a review of alleged errors of law occurring at the trial. Where the facts have been stipulated and the alleged errors are questions of law no motion for new trial is required. Furnas County Farm Bureau v. Brown, 112 Neb. 637, 200 N. W. 451. It has…