Nebraska Supreme Court, 1871

Verges v. Roush

Nebraska Supreme Court · Decided July 1, 1871 · Mason

1 Neb. 113

Cases that cite this one

4 later published cases cite this decision.

Independent Lubricating Co. v. Good (Neb. 1938)
Larson v. Wegner (Neb. 1930)
Renard v. Thomas (Neb. 1897)
Continental Building & Loan Ass'n v. Mills (Neb. 1895)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Mason, Ch. J.

The statute required this transcript to be filed within ' six months from November 2d, 1866, and provides as a *114consequence of default in this particular, that the appeal should be entirely disregarded. The rule in respect to •matters of practice is, that the court possesses no dispensing power, when the legislature has spoken. ■ Thus where a statute declares that a judge at chambers may direct a new trial, if application is made within ten days after judgment, it has been held, that he could no more enlarge the time, than he can legislate on any other matter. — Seymour v. Judd, 2 Comst. 464 ; Eldridge v. Howell, 4 Paige, 457.

In this case, the legislature not only limited the time within which the appeal should be perfected, by the filing .of the transcript, but also fixed the consequences of the neglect to- do so, within the time limited. We cannot enlarge the time, nor prevent the consequences.

The motion is sustained and the appeal dismissed.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.