Legal Opinion

Dobson v. Dobson

Nebraska Supreme Court

Decided April 15, 1878PublishedCited by 13 opinions

Error to the district court for Seward county. Tried below before Post, J. The court will observe that the accident or surprise of which we complain, took place after the term when the trial at law was had, and of course, after the power of the court who tried the cause had terminated. The county court could have granted a new trial within ten days by granting an appeal, but after that time it had no power to relieve.

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Error to the district court for Seward county. Tried below before Post, J. The court will observe that the accident or surprise of which we complain, took place after the term when the trial at law was had, and of course, after the power of the court who tried the cause had terminated. The county court could have granted a new trial within ten days by granting an appeal, but after that time it had no power to relieve. In general, when it is proper for a court of law to grant a new trial, if the application is made while that court has such power, it is equally proper for a court of equity to…

1Opinion of the Court

Gantt, Ch. J.

The plaintiff, as the administrator of the estate of Alexander Dobson, deceased, rendered, under oath, a final account of his administration, to which exceptions were taken by Mary Dobson, one of the heirs of the deceased. On the fourth of June, 1876, a hearing upon the exceptions was had before the county judge, who then took the matter under advisement, and on the seventh, he rendered a decree disallowing about six hundred dollars of the plaintiff’s credits, and on the twelfth, he left the county and was temporarily absent until the tenth of August following.

The plaintiff had…

2Cited by13 opinions

  1. Curran v. WilcoxNebraska Supreme Court · 1880
  2. Bruegger v. CartierNorth Dakota Supreme Court · 1910
  3. Cheney v. BuckmasterNebraska Supreme Court · 1890
  4. Continental Building & Loan Ass'n v. MillsNebraska Supreme Court · 1895
  5. Liljehorn v. FyfeNebraska Supreme Court · 1965

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