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Jones v. Hayes

A. W. Jones v. A. S. Hayes

Jones v. Hayes, 54 N.W. 858 (Neb. 1893)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
March 29, 1893
Docket
No. 5084
Judges
Norval, Other
Citations
54 N.W. 85836 Neb. 5261893 Neb. LEXIS 99
Headnotes
Error Proceedings: Review: Motion for New Trial. This court will not review alleged errors occurring during the trial of a cause in the district court by petition in error, unless a motion for a new trial was made in the trial court, and a ruling obtained thereon.
Summary
Error from the district court of Adams county. Tried below before Gaslin, J.

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

Opinion of the Court — Norval

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Norval, J.

This was an action brought by A. S. Hayes upon a promissory note executed by A. W. Jones. Plaintiff re *527 covered a judgment in the court below for the sum of $546.34, and the defendant prosecutes error to this court, alleging that the judgment is not sustained by the evidenceaud is contrary to law.

We cannot review the proceedings, for the reason the records fails to disclose that a motion for a new trial was presented to the trial court, and its ruling obtained thereon. While the transcript contains a copy of a motion for a new trial, it does not appear that the attention of the court below was ever called thereto. It has been frequently decided by this court that in order to review the proceedings of a district court by a petition in error, a motion for a new trial must be made in that court and a ruling obtained on the motion. (Cropsey v. Wiggenhorn, 3 Neb., 108 ; Gibson v. Arnold, 5 Id., 186 ; Lichty v. Clark, 10 Id., 472; Smith v. Spaulding, 34 Id., 128.) The petition in error is

Dismissed.

The other judges concur.

How later courts describe this case

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

Cited by 10 cases

View all citing references →
1894: 31895: 21897: 11898: 11899: 318942026peak 1894 · 3

Relies on it most ⓘ

  1. Gordon v. Little59 N.W. 783 (Neb. 1894)
  2. Brown v. Ritner59 N.W. 360 (Neb. 1894)
  3. Erck v. Omaha National Bank62 N.W. 67 (Neb. 1895)
  4. Smith v. Silver78 N.W. 725 (Neb. 1899)
  5. Wollam v. Brandt76 N.W. 1081 (Neb. 1898)
  6. Alfred Shrimpton & Sons v. King58 N.W. 286 (Neb. 1894)

Most recent

  1. Nelson v. Farmland Security Co.79 N.W. 161 (Neb. 1899)
  2. Smith v. Silver78 N.W. 725 (Neb. 1899)
  3. Broadwater v. Foxworthy77 N.W. 1103 (Neb. 1899)
  4. Wollam v. Brandt76 N.W. 1081 (Neb. 1898)
  5. Shaw v. Robinson & Stokes Co.70 N.W. 953 (Neb. 1897)
  6. Leach v. Renwald63 N.W. 387 (Neb. 1895)

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 1

DepthCaseCited by
Cropsey v. Wiggenhorn, 3 Neb. 108 (1873) 37

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