Murray v. School District No. 3
Nebraska Supreme Court
Error to the district court [for Platte county, Savage, J., presiding in absence of Post, J. The case was heard here and decided at January term, 1880, but a motion for a rehearing having been made, the opinion was reserved by the court until the filing of the opinion on the motion at the present term.
1Opinion of the CourtLake, J.
This is a petition in error from Platte county, and must be determined on the first point made in the brief of counsel for the defendant in error, viz.: that “ there is no exception to the order overruling the motion for a new trial.” In order to obtain a review in this court by proceedings in error of questions properly included in a motion for a new trial, it is indispensable that ex*437ception be taken to tbe ruling of tbe court below on tbe motion. Lowrie v. France, 7 Neb., 191. Foster et al. v. Robinson, 6 Ohio Stat., 90.
In the court below the case was sent to a referee to take the testimony…
2Cases cited1 opinion
- Lowrie v. FranceNebraska Supreme Court · 1878
3Cited by3 opinions
- Artman v. West Point Manufacturing Co.Nebraska Supreme Court · 1884
- Van Etten v. MedlandNebraska Supreme Court · 1898
- Wescott v. Des Moines City Railway Co.Supreme Court of Iowa · 1919