Nebraska Land, Stock-Growing & Investment Co. v. McKinley-Lanning Loan & Trust Co.
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Holcomb, J.
1Opinion of the Court
Irvine, C.
This is a proceeding having for its object the review of an order confirming a sale made in pursuance of a decree of foreclosure. There was filed with the transcript a petition in error, but the plaintiffs in error ask that the court consider the case as also presented on appeal. This we cannot do. It is the settled practice that a party whose case is in its nature appealable has an election as to the method of review, but he cannot pursue both methods. By filing a petition in error' that method was here selected. (Burke v. Cunningham, 42 Neb., 645; Woodard v. Baird, 43 Neb., 310;…
2Cases cited9 opinions
- Carlow v. C. Aultman & Co.Nebraska Supreme Court · 1890
- Monroe v. Reid, Murdock & Co.Nebraska Supreme Court · 1895
- Von Dorn v. MengedohtNebraska Supreme Court · 1894
- Woodard v. BairdNebraska Supreme Court · 1895
- Beatrice Paper Co. v. Beloit Iron WorksNebraska Supreme Court · 1896
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3Cited by12 opinions
- Allen v. Globe-Democrat Publishing CompanySupreme Court of Missouri · 1963
- In Re McDonaldCalifornia Supreme Court · 1921
- Drainage District No. 9 v. Merchants' & Planters' BankSupreme Court of Arkansas · 1928
- Hamer v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1897
- State ex rel. Cronin v. CroninNebraska Supreme Court · 1906
7 more not listed; retrieve them via the Exa API.