TaiLexi AI U.S. Case Law

Riddle v. Yates

William J. Riddle, in error v. John P. Yates, in error

Riddle v. Yates, 10 Neb. 510 (1880)
Download
Format
Include

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

Court
Nebraska Supreme Court · State Highest Courts
Decided
July 15, 1880
Judges
Lake
Citations
10 Neb. 510
Headnotes
1. Appeal from Justice Courts. It is only from a final judgment, of a justice of the peace that an appeal lies. 2. -. A judgment for costs merely, on the verdict of a jury in favor of the defendant, is not final, and no appeal lies therefrom.
Summary
Error to the district court of Lancaster county, to which the cause had been brought on appeal from a justice’s court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lake

Text extracted by OCR from a scanned original; check the original for exact wording.

Lake, J.

It is only from a final judgment of a justice of the peace that an appeal to the district court lies. Code of Civil Procedure, sec. 1006. Gen. Stat., 686.

A judgment for costs merely, does not dispose of the action in which they are made, and is not final. Sprick v. Washington County, 3 Neb., 253 . Nichols, Shepard Co. v. Hail, 5 Neb., 194 .

The judgment in question was simply for costs, there being no dismissal of the case, as there ought to have been on the verdict of the jury in favor of the defendant.

The order of the district court dismissing the formal appeal was therefore right, and is affirmed.

Judgment aeeirmed.

How later courts describe this case

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

1884–1885: 11896–1897: 11906–1907: 11964–1965: 118842026peak 1884 · 1

Relies on it most ⓘ

  1. Neyens v. Flesher79 N.E. 1087 (Ind. Ct. App. 1907)
  2. Kometscher v. Wade128 N.W.2d 781 (Neb. 1964)
  3. Daniels v. Tibbets16 Neb. 666 (1884)
  4. Hall County v. Smith68 N.W. 481 (Neb. 1896)

Most recent

  1. Kometscher v. Wade128 N.W.2d 781 (Neb. 1964)
  2. Neyens v. Flesher79 N.E. 1087 (Ind. Ct. App. 1907)
  3. Hall County v. Smith68 N.W. 481 (Neb. 1896)
  4. Daniels v. Tibbets16 Neb. 666 (1884)

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 2

DepthCaseCited by
Sprick v. Wash. Cnty., 3 Neb. 253 (1874) 16
Nichols, Shepard & Co. v. Hail, 5 Neb. 194 (1876) 8

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