Dolby v. Tingley
Nebraska Supreme Court
Error to tbe Lancaster county district court, where the cause was tried before Pound, J. 1. By our statutes, when an appeal is taken from the county court to the district court the latter becomes possessed of the entire case with all its incidents, and carries its own judgments into execution without any intervention of the lower court.- The judgment of the county court is expunged and the court itself divested of all control over, or power in, the case.
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Error to tbe Lancaster county district court, where the cause was tried before Pound, J. 1. By our statutes, when an appeal is taken from the county court to the district court the latter becomes possessed of the entire case with all its incidents, and carries its own judgments into execution without any intervention of the lower court.- The judgment of the county court is expunged and the court itself divested of all control over, or power in, the case. By process of law the action is simply transferred and continued in another jurisdiction, to be passed upon in all respects as though…
1Opinion of the Court
Maxwell, Ch. J.
• On the sixth day of July, 1875, Thomas J. H. Dolby commenced an action against R. P. Parshall by attachment in the county court of Lancaster county, Tingley being served with process of garnishment. On the second day of August of that year Tingley appeared and answered: “ I have under my control notes, judgments, and evidences of indebtedness belonging to Parshall in the aggregate of about $2,000, more or less.” The court thereupon made the following order: “ It is ordered that R. R. Tingley, the within named garnishee, keep and retain in his. hands the sum of $450, and $25…
2Cases cited1 opinion
- Chase v. FosterSupreme Court of Iowa · 1859
3Cited by2 opinions
- Tingley v. DolbyNebraska Supreme Court · 1882
- Erickson v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1895