Legal Opinion

Welsh v. Valla

Nebraska Supreme Court

Decided December 22, 1917No. 19701PublishedCited by 1 opinion

County Court: Time for Appeal. An appeal from the county court or , justice of the peace to the district court must be tahen within 30 days as provided in -section 8453, Rev. St. 1913, unless prevented by some act or neglect of the court. Appeal from the district - court for Douglas county: Lee S. Estelle, Judge.

1Opinion of the CourtSedgwick, J.

This plaintiff recovered a judgment against the defendant in the county court of Douglas county on the 18th day of September, 1915. The defendant undertook to take an appeal, and filed his transcript upon *85appeal in the district court for that county on November, 1, 1915. The plaintiff filed a motion to dismiss the appeal because it was not perfected within 30 days as provided by statute. The motion was sustained and the appeal dismissed, and, from that order dismissing - the appeal, the defendant has appealed to this court.

The statute is in form mandatory. Rev. St, 1913, sec. 8453. It…

2Cases cited2 opinions

  1. Lincoln Brick & Tile Works v. HallNebraska Supreme Court · 1889
  2. Miller v. CampNebraska Supreme Court · 1890

3Cited by1 opinion

  1. Lynde v. WurtzNebraska Supreme Court · 1946

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