Howard v. Goodrich Lodge Hall Ass'n
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. In absence of default or laches on the part of an appellant his right of appeal cannot be defeated by the absence or neglect of a justice of the peace.
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Error from the district court of Douglas county. Tried below before Ferguson, J. In absence of default or laches on the part of an appellant his right of appeal cannot be defeated by the absence or neglect of a justice of the peace. (Dobson v. Dobson, 7 Neb., 296; Noble v. Houle, 16 S. & R. [Pa.], 421; Smiley v. Sampson, 1 Neb., 83; Dytle v. State of Arkansas, 22 How. [U. S.], 193; Louderbaok v. Boyd, 1 Ashm. [Pa.], 380; Republican V R. Co. v. McPherson, 12 Neb., 480.) The appellant must be diligent and file his transcript within the time limited by statute or the appeal will fail. (Lincoln…
1Opinion of the CourtPost, J.
This is a petition in error from the district court of Douglas county. From the record it appears that judgment was rendered against the plaintiffs in error by the *701county court of said county on the 12th day of July, 1892. On the 22d day of the same month they filed an appeal bond and ordered a transcript of the proceedings in the county court for the purpose of prosecuting an appeal. A transcript was prepared and duly certified on the 26th day of July, but was not called for by the plaintiffs or filed in the district court until the 15th day of August, which was after the expiration of the…
2Cases cited6 opinions
- Dobson v. DobsonNebraska Supreme Court · 1878
- Gifford v. Republican Valley & Kansas RailroadNebraska Supreme Court · 1886
- Lincoln Brick & Tile Works v. HallNebraska Supreme Court · 1889
- Slaven v. HellmanNebraska Supreme Court · 1888
- Oppenheimer v. McClayNebraska Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Krauss v. BednarNebraska Supreme Court · 1949