Legal Opinion

Taylor v. Tilden

Nebraska Supreme Court

Decided July 15, 1874PublishedCited by 6 opinions

This cause was originally commenced in tbe probate ■ court of Douglas county, by Tilden and McFarland, and upon a trial thereof before A. N. Ferguson, special probate judge, without a jury, judgment was rendered in’their favor against Charles F. Taylor. A bill of exceptions, ■ showing certain proceedings in the cause, was signed by the said Ferguson and a transcript of the record, together with a petition in error, was filed in the district court by the said Taylor.

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This cause was originally commenced in tbe probate ■ court of Douglas county, by Tilden and McFarland, and upon a trial thereof before A. N. Ferguson, special probate judge, without a jury, judgment was rendered in’their favor against Charles F. Taylor. A bill of exceptions, ■ showing certain proceedings in the cause, was signed by the said Ferguson and a transcript of the record, together with a petition in error, was filed in the district court by the said Taylor. Tilden and McFarland moved to dismiss the petition in error. The court sustained the motion and entered judgment of dismissal.…

1Opinion of the CourtGantt, J.

This is an action by petition in error, alleging errors to have occured on the trial of the cause in the probate court. It appears from the record that no jury was demanded, but that the cause was tried before the judge. The errors complained of, mainly, relate to the ruling of the judge upon the admission or rejection of evidence offered on the trial of the cause. Exceptions were taken at the time to the ruling of the judge, and a bill of exceptions was prepared and signed by the judge. The question, therefore, now presented for determination by this court is, whether in a case, not tried by…

2Cases cited2 opinions

  1. Seaman Field v. United StatesSupreme Court of the United States · 1834
  2. Bell v. BellSupreme Court of Pennsylvania · 1839

3Cited by6 opinions

  1. Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
  2. Kellogg v. Huntington, Sharp & Co.Nebraska Supreme Court · 1875
  3. Schaffroneck v. MartinNebraska Supreme Court · 1879
  4. Nickerson v. NeedlesNebraska Supreme Court · 1891
  5. Sedgwick v. DurhamNebraska Supreme Court · 1895

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