State ex rel. Galligher v. Holmes
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before 'Irvine, J. The motion to grant a new trial was set for hearing before the justice after the expiration of four days from the rendition of the verdict, and the justice was then without authority to entertain the motion. (Compiled Statutes, Code, sec. 983; Vaughn v. O’Conner, 12 Neb., 478.) The remedy sought is not the proper one. The remedy was by direct proceedings to correct the errors complained of.
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Error from the district court of Douglas county. Tried below before 'Irvine, J. The motion to grant a new trial was set for hearing before the justice after the expiration of four days from the rendition of the verdict, and the justice was then without authority to entertain the motion. (Compiled Statutes, Code, sec. 983; Vaughn v. O’Conner, 12 Neb., 478.) The remedy sought is not the proper one. The remedy was by direct proceedings to correct the errors complained of. Injunction or mandamus will not lie. (State v. Gillespie, 9 Neb., 505; Shelby v. Hoffman, 7 O. St., 451; State v. Kinhaid, 23…
1Opinion of the CourtNorval, J.
Relator and plaintiff in error brought his action in the court below for a mandamus to require the respondent, a *356justice of the peace of Douglas county, to issue an execution upon a judgment for costs, recovered before the respondent in a case wherein one Frank Jones was plaintiff, and the relator and one Elizabeth Galligher were defendants. An alternative writ was issued, and the respondent filed an answer thereto. The cause was heard on the alternative writ and answer, and the district court dismissed the action.
The record shows that the above mentioned case of Jones v. Galligher and…
2Cases cited9 opinions
- State ex rel. Morgan v. Board of County CommissionersNebraska Supreme Court · 1880
- Fox v. MeachamNebraska Supreme Court · 1877
- Gould v. LoughranNebraska Supreme Court · 1886
- McGee v. State ex rel. North American Cattle Co.Nebraska Supreme Court · 1891
- Cox v. TylerNebraska Supreme Court · 1877
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3Cited by2 opinions
- Bradley v. SlaterNebraska Supreme Court · 1899
- Oakdale Heat & Light Co. v. SeymourNebraska Supreme Court · 1907