Fox v. Meacham
Nebraska Supreme Court
Error from tbe district court for Otoe county. Tried below before Pound, J. It was an action brought by Meacham against Fox, a justice of the peace, and the sureties on his official bond, for damages sustained by Meacham on account of a levy and sale of his property under an execution issued against him by Fox. Judgment below for $500 and costs was given in his favor.
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Error from tbe district court for Otoe county. Tried below before Pound, J. It was an action brought by Meacham against Fox, a justice of the peace, and the sureties on his official bond, for damages sustained by Meacham on account of a levy and sale of his property under an execution issued against him by Fox. Judgment below for $500 and costs was given in his favor. Fox and the sureties bring the cause here by petition in error. claimed that the authorities recognizing a principle or rule by which the security on official bonds may be liable can be distinguished from those acts for which…
1Opinion of the CourtGantt, J.
In the court below, the motion for a new trial in this case, was not filed until several days after the expiration of the time limited by the statute, which provides that application must be made at the term the verdict is ren'dered, and, except for cause of newly discovered evidence, “ shall be made within three days after the verdict or decision is rendered.”
It is, however, now insisted, on the part of the plain*533tiffs in error, that this limitation fixed by the statute may be disregarded by the court, and that, as the right to grant a new trial is an inherent power in the court, it is in the…
2Cases cited6 opinions
- Stephens v. . SanteeNew York Court of Appeals · 1872
- Van Pelt v. LittlerCalifornia Supreme Court · 1859
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Thompson v. StateNebraska Supreme Court · 1877
- Munch v. WilliamsonCalifornia Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bradley v. SlaterNebraska Supreme Court · 1899
- Joiner v. GoldsmithSupreme Court of Oklahoma · 1910
- Tomer v. DensmoreNebraska Supreme Court · 1879
- Bickford v. EschbachWashington Supreme Court · 1932
- Davis v. StateNebraska Supreme Court · 1891
15 more not listed; retrieve them via the Exa API.