Legal Opinion

Lash v. Christie

Nebraska Supreme Court

Decided January 15, 1876PublishedCited by 2 opinions

Error to the district court for Nemeha county. The opinion states the facts of tlie case. to the point that the plaintiff did not, by filing his petition in the district court, waive the error committed by that court in the reversal of the judgment of the justice of the peace, cited, Shoff v. Wells, 1 Neb., 168. Minor v. Smith, 13 Ohio State, 78. PowelVs Appellate Proceedings, 207. Nor was it necessary for Lash to except to the ruling of the district court in reversing the…

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Error to the district court for Nemeha county. The opinion states the facts of tlie case. to the point that the plaintiff did not, by filing his petition in the district court, waive the error committed by that court in the reversal of the judgment of the justice of the peace, cited, Shoff v. Wells, 1 Neb., 168. Minor v. Smith, 13 Ohio State, 78. PowelVs Appellate Proceedings, 207. Nor was it necessary for Lash to except to the ruling of the district court in reversing the judgment of the justice. PowelVs Appellate Proceedings, 215.

1Opinion of the Court

Lake, Ch. J.

Several errors are assigned in this case, but the condition of the record makes it unnecessary for us to notice but two of them at any length.

*265The plaintiff commenced lxis action originally before . a justice of tlie peace, on a promissory note given him by" the defendant, and recovered a judgment for the amount of his demand. The defendant, thereupon, took the case to the district court by proceedings in error, and obtained a reversal of the j udgment, whereupon the cause was set down for trial in that court, as the statute provides shall be done in such cases. It is urged that…

2Cited by2 opinions

  1. Barnett v. GroundSupreme Court of Missouri · 1924
  2. Ryan v. State BankNebraska Supreme Court · 1880

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