Legal Opinion

Record v. Butters

Nebraska Supreme Court

Decided November 20, 1894No. 7087PublishedCited by 6 opinions

Motion to dismiss proceeding in error on the ground that the transcript was not filed within a year from the rendition of judgment.

1Opinion of the Court

Ryan, C.

In this case there has been submitted a motion to dismiss for the reasons alleged, which are sustained by the record, that the verdict was returned in March, 1893, on which judgment was rendered on the 7th day of June immediately following, whereas the petition in error and transcript were not filed in this court until July 7, 1894. . Plaintiff seeks to avoid the force of the facts just stated by showing that while judgment was rendered on the 7th day of June, it was at a term which did not end until July 14, 1898. By the provisions of section 592 of the Code it is required that…

2Cases cited5 opinions

  1. Moore v. WatermanNebraska Supreme Court · 1894
  2. Omaha Loan & Trust Co. v. AyerNebraska Supreme Court · 1894
  3. Rogers v. RedickNebraska Supreme Court · 1880
  4. Jones v. HurlburtNebraska Supreme Court · 1882
  5. Bemis v. RogersNebraska Supreme Court · 1879

3Cited by6 opinions

  1. Continental Building & Loan Ass'n v. MillsNebraska Supreme Court · 1895
  2. Stull v. Cass CountyNebraska Supreme Court · 1897
  3. Clark v. McDowellNebraska Supreme Court · 1899
  4. Dixon National Bank v. Omaha National BankNebraska Supreme Court · 1898
  5. Forbes v. MoreartyNebraska Supreme Court · 1898

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