Rich v. Stretch
Nebraska Supreme Court
Error to the district court of Eiehardson County. The case was brought into that court by apjjeal on behalf of Eich and Hanlin, against whom judgment had been rendered by default in the probate court, in favor of W. S. Stretch.
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Error to the district court of Eiehardson County. The case was brought into that court by apjjeal on behalf of Eich and Hanlin, against whom judgment had been rendered by default in the probate court, in favor of W. S. Stretch. The statute concerning appeals from judgments of Justices of the peace, is as follows: “(900.) Sec. 1008. The said justice shall make out a certified transcript of his proceedings, including the undertaking taken for such appeal, and shall, on demand, deliver the same to the appellant, or his agent, who shall deliver the same to the clerk of the court, to which such…
1Opinion of the Court
Lake, Ch. J.
In the assignment of errors, in this case, but a single question is*presented for our consideration, and that is, whether the judgment, which was by default, was entered before it could legally be done. It appears from the record, that on the eighteenth day of December, 1874, the defendant in error, who was plaintiff’ in the court below, recovered a judgment against the plaintiff in error, in the probate court, from which judgment, on the eighteenth of the same month, they took an appeal to the district court.
The next regular term of the district court, for said county, succeeding…
2Cited by9 opinions
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- Hendrix v. RiemanNebraska Supreme Court · 1877
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- Beard v. RingerNebraska Supreme Court · 1894
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