Nebraska Supreme Court, 1892

Stone v. Neeley

Stone v. Neeley
Nebraska Supreme Court · Decided February 24, 1892 · Norval, Other
34 Neb. 81; 51 N.W. 314; 1892 Neb. LEXIS 78
Stone v. Neeley

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Norval, J.

This case cannot be reviewed for the reason that the record contains no final judgment. A verdict was returned for the defendant in error, assessing her damages at $708.75. A motion for a new trial was filed by the plaintiff in error. The journal entry is as follows:

“Now on this 17th day of October, 1889, this cause coming on to be heard, the defendant George W. Stone’s motion for a new trial was overruled, to which ruling the defendant George W. Stone excepts, and has forty days to prepare a bill of exceptions. It is ordered that judgment be rendered on the verdict for plaintiff.”

This is merely a recital that a judgment was rendered by the court upon the verdict. (Miller v. B. & M. R. Co., 7 Neb., 227. The petition in error is

Dismissed.

The other judges concur.

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