Legal Opinion

Burton v. State

Nebraska Supreme Court

Decided March 2, 1892PublishedCited by 4 opinions

Error to the district court for Harlan county. Tried below before Gaslin, J. cited': State v. Ensign, it Neb., 529; Colby v. Berger, 13 Id., 463. cited, contending that a judgment for costs was not a sufficient foundation for error proceedings: Sprick v. Washington County, 3 Neb., 255; Nichols v. Hail, 5 Id., 195; Riddle v. Yates, 10 Id., 511; Woods v. Colfax County, Id., 552; Cozine v. Hatch, 17 Id., 696; Whitall v. Oressman, 18 Id., 508; Wilkinson v. Carter,22 Id., 189;…

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Error to the district court for Harlan county. Tried below before Gaslin, J. cited': State v. Ensign, it Neb., 529; Colby v. Berger, 13 Id., 463. cited, contending that a judgment for costs was not a sufficient foundation for error proceedings: Sprick v. Washington County, 3 Neb., 255; Nichols v. Hail, 5 Id., 195; Riddle v. Yates, 10 Id., 511; Woods v. Colfax County, Id., 552; Cozine v. Hatch, 17 Id., 696; Whitall v. Oressman, 18 Id., 508; Wilkinson v. Carter,22 Id., 189; Civil Code, sec. 572; Jacobs v. Morrow, 21 Neb., 239.

1Opinion of the CourtPost, J.

The plaintiff in error made complaint before a magistrate of Harlan county against one Stewart, in which he charged the latter with the crime of stabbing with intent to kill. The accused waived examination and gave bond for his appearance at the next term of the district court for said county. At the term of the district court next following, to-wit, June, 1888, the county attorney filed an information against said accused, upon which he was arraigned and plead not guilty. By agreement the case was continued until the next term in December following, the accused giving bond for his appearance…

2Cited by4 opinions

  1. Michelson v. City of Grand IslandNebraska Supreme Court · 1951
  2. Hartford Fire Insurance v. CoreyNebraska Supreme Court · 1897
  3. Lamaster v. ElliottNebraska Supreme Court · 1898
  4. Federal Land Bank v. PalmerNebraska Supreme Court · 1943

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