Legal Opinion

Manning v. City of Orleans

Nebraska Supreme Court

Decided November 9, 1894No. 5785PublishedCited by 14 opinions

Error from the district court of Harlan county. Tried below before Gaslin, J. The facts are stated by the commissioner. If the verdict is wrong, the remedy was by motion for a new trial. No application for a new trial having been made, the judgment should be rendered upon the verdict.

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Error from the district court of Harlan county. Tried below before Gaslin, J. The facts are stated by the commissioner. If the verdict is wrong, the remedy was by motion for a new trial. No application for a new trial having been made, the judgment should be rendered upon the verdict. (1 Black, Judgments, secs. 142, 161, 186; Oades v. Oa/Ls, 6 Neb., 304; Bowers v. Mice, 19 Neb., 576; Nordyke v. Dickson, 76 Ind., 188; Meid v. Dunklin, 5 Ala., 205; Stevens v. Lee, 70 Tex., 282.)

1Opinion of the Court

Irvine, C.

The city of Orleans sued the plaintiffs in error, alleging that the plaintiffs in error were, in 1885, the owners of certain property in the then village of Orleans; that they negligently made an excavation in the street adjoining their property and left the same without guards or protection for travelers; that one George S. Perry fell into said excavation and was injured, brought action against the defendant in error, recovered judgment, which was paid; that the defendant in error had informed plaintiffs in error of thé pendency of such action, and that they had undertaken and…

2Cases cited3 opinions

  1. Bowers v. RiceNebraska Supreme Court · 1886
  2. Lamb v. BriggsNebraska Supreme Court · 1887
  3. Oades v. OadesNebraska Supreme Court · 1877

3Cited by14 opinions

  1. Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
  2. Dudley v. Harrison, McCready & Co.Supreme Court of Florida · 1937
  3. Winterson v. Pantel Realty Co.Nebraska Supreme Court · 1938
  4. Johnston v. SpencerNebraska Supreme Court · 1897
  5. State ex rel. Sorensen v. ScovilleNebraska Supreme Court · 1932

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