Legal Opinion

Cox v. Tyler

Nebraska Supreme Court

Decided October 15, 1877PublishedCited by 6 opinions

Error from the district court for Richardson county. Tried below before Weaver, J. The cause was begun in the county court of that county and a default entered; Dec. 4,1876, trial was had, the plaintiff in error appearing and cross examining the witnesses, and judgment was entered for defendant in error for $500.00 and costs.

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Error from the district court for Richardson county. Tried below before Weaver, J. The cause was begun in the county court of that county and a default entered; Dec. 4,1876, trial was had, the plaintiff in error appearing and cross examining the witnesses, and judgment was entered for defendant in error for $500.00 and costs. On the sixth of December, the defendant in error filed a transcript of the judgment in the office of the clerk of the district court for the purpose of acquiring a lien upon the real estate of the plaintiff in error. On the seventh of December the plaintiff in error…

1Opinion of the Court

Lake, Ch. J.

This is a petition in error to reverse the judgment of the-district court for Richardson county, by which an order of the county court vacating its former judgment and granting a new trial was set aside, and the original judgment in favor of the defendant in error fully restored.

It is contended on behalf of the plaintiff in error that the county court, being a court of record, has the same power and authority over its judgments, in the granting *302of new" trials, as is exercised by tbe district courts. But this position cannot be sustained. It is true that county courts are by the…

2Cited by6 opinions

  1. State ex rel. Austrian, Wise & Co. v. DuncanNebraska Supreme Court · 1893
  2. State ex rel. Galligher v. HolmesNebraska Supreme Court · 1893
  3. Vaughn v. O'ConnerNebraska Supreme Court · 1882
  4. McClelland v. SchmidtSupreme Court of Oklahoma · 1910
  5. Glaze v. KeithNebraska Supreme Court · 1898

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