TaiLexi AI U.S. Case Law

Hanson v. Hanson

Arlyce Hanson, Appellant, v. Leland Hanson, Appellee

Hanson v. Hanson, 254 N.W.2d 699 (Neb. 1977)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Nebraska Supreme Court · State Highest Courts
Decided
June 15, 1977
Docket
No. 41196
Judges
White, Spencer, Boslaugh, McCown, Clinton, Brodkey
Citations
254 N.W.2d 699198 Neb. 6751977 Neb. LEXIS 987

Opinion — White

White, C. J.

This is an appeal from an order of the District Court for Nance County, Nebraska, raising the child support payments to the appellant from $140 per month to $240 per month. We affirm the judgment of the District Court.

The appellant and appellee were granted a divorce on September 1, 1970, in the District Court for Nance County, Nebraska. The divorce decree gave custody of the minor children to the appellant and appellee was ordered to pay $140 a month child support. On August 6, 1975, the appellant filed an application for increase in child support with the District Court. On September 9, 1975, the District Court increased the child support payments from $140 to $225. That decision was appealed to this court by the appellant. We reversed on procedural grounds and remanded the cause to the District Court for fur *676 ther proceedings. See Hanson v. Hanson, 195 Neb. 836 , 241 N. W. 2d 131 (1976).

Subsequently, appellant filed an application for increase in child support with the District Court. The District Court entered an order increasing child support payments from $140 to $240 per month. The appellant again appeals to this court.

Actions to increase child support payments, being a continuation of and incident to a divorce action, are equitable in nature and are triable de novo in this court on the record made in the trial court. Johnson v. Johnson, 177 Neb. 445 , 129 N. W. 2d 262 (1964).

Appellant argues, on appeal, that the increase in child support payments was inadequate. Any assignment of error which requires an examination of the evidence cannot prevail on appeal in the absence of a bill of exceptions. Brown v. Shamberg, 190 Neb. 171 , 206 N. W. 2d 846 (1973). A bill of exceptions is the only vehicle for bringing evidence before this court. Dilsaver v. Pollard, 191 Neb. 241 , 214 N. W. 2d 478 (1974). Evidence which does not appear in the record cannot be considered by this court on appeal. Schetzer v. Sullivan, 193 Neb. 841 , 229 N. W. 2d 550 (1975).

No record was made in this case subsequent to the appellant’s last appeal. In the absence of a bill of exceptions, review on appeal is limited to whether the pleadings support the judgment entered by the trial court. Phillippe v. Barbera, 195 Neb. 727 , 240 N. W. 2d 50 (1976).

The judgment of the District Court is affirmed.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1977: 11978: 11979: 31980: 21982: 21983: 11984: 119772026peak 1979 · 3

Relies on it most ⓘ

  1. Tedco Development Corp. v. Overland Hills, Inc.287 N.W.2d 49 (Neb. 1980)
  2. Pedersen ex rel. Pedersen v. Lambert260 N.W.2d 483 (Neb. 1977)
  3. Snyder v. Nelson331 N.W.2d 252 (Neb. 1983)
  4. Kleeb v. Kleeb316 N.W.2d 583 (Neb. 1982)
  5. Weeks v. State Board of Education284 N.W.2d 843 (Neb. 1979)
  6. Buker v. Buker288 N.W.2d 732 (Neb. 1980)

Most recent

  1. Langness v. " O" STREET CARPET SHOP, INC.353 N.W.2d 709 (Neb. 1984)
  2. Snyder v. Nelson331 N.W.2d 252 (Neb. 1983)
  3. Rosnick v. Renstrom316 N.W.2d 765 (Neb. 1982)
  4. Kleeb v. Kleeb316 N.W.2d 583 (Neb. 1982)
  5. Buker v. Buker288 N.W.2d 732 (Neb. 1980)
  6. Tedco Development Corp. v. Overland Hills, Inc.287 N.W.2d 49 (Neb. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Dilsaver v. Pollard, 214 N.W.2d 478 (Neb. 1974) 11
Johnson v. Johnson, 129 N.W.2d 262 (Neb. 1964) 11
Phillippe v. Barbera, 240 N.W.2d 50 (Neb. 1976) 10
Brown v. Shamberg, 206 N.W.2d 846 (Neb. 1973) 9
Schetzer v. Sullivan, 229 N.W.2d 550 (Neb. 1975) 8
Hanson v. Hanson, 241 N.W.2d 131 (Neb. 1976) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list