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Leach v. Renwald

Andrew P. Leach v. Benjamin Renwald

Leach v. Renwald, 63 N.W. 387 (Neb. 1895)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
May 22, 1895
Docket
No. 6021
Judges
Ryan
Citations
63 N.W. 38745 Neb. 2071895 Neb. LEXIS 172
Headnotes
Necessity of Ruling on Motion for New Trials Review. No reversal of a judgment can be had where the errors assigned are solely such as are claimed to have occurred during the trial and in the rendition of the judgment against plaintiff in error, if in the district court a ruling upon a motion for a new trial is not shown to have been made.
Summary
Error from the district court of Hitchcock county. Tried below before Welty, 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 — Ryan

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Ryan, C.

This case was tried without the intervention of a jury and judgment was rendered in favor of the plaintiff by the district court of Hitchcock county for the sum of $21.65 and costs. The defendant now seeks a reversal of this judgment against him, and in his petition in error assigns errors occurring at the trial and in rendering judgment for plaintiff in view of the law and evidence. There was filed a motion for a new trial in the district court, upon which the record discloses no ruling. In Jones v. Hayes, 36 Neb., *208 526 , this court held that a review in error of the proceedings of the district court could not be had unless therein had been presented and passed upon a motion for a new trial. This rule has in its support the following cases: Cropsey v. Wiggenhorn, 3 Neb., 108 ; Gibson v. Arnold, 5 Neb., 186 ; Lichty v. Clark, 10 Neb., 472 ; Smith v. Spaulding, 34 Neb., 128 ; Shrimpton v. King, 39 Neb., 779 ; Brown v. Ritner, 41 Neb., 52 ; Gordon v. Little, 41 Neb., 250 . The judgment of the district court is

Affirmed.

How later courts describe this case

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

1898: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. Geneva National Bank v. Donovan74 N.W. 33 (Neb. 1898)

Most recent

  1. Geneva National Bank v. Donovan74 N.W. 33 (Neb. 1898)

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 8

DepthCaseCited by
Cropsey v. Wiggenhorn, 3 Neb. 108 (1873) 37
Gordon v. Little, 59 N.W. 783 (Neb. 1894) 18
Brown v. Ritner, 59 N.W. 360 (Neb. 1894) 12
Gibson v. Arnold, 5 Neb. 186 (1876) 10
Jones v. Hayes, 54 N.W. 858 (Neb. 1893) 10
Smith v. Spaulding, 51 N.W. 469 (Neb. 1892) 7
Lichty v. Clark, 10 Neb. 472 (1880) 5
Alfred Shrimpton & Sons v. King, 58 N.W. 286 (Neb. 1894) 2

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