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Clark v. McDowell

William M. Clark v. H. E. McDowell

Clark v. McDowell, 79 N.W. 158 (Neb. 1899)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
May 17, 1899
Docket
No. 8887
Judges
Noryal
Citations
79 N.W. 15858 Neb. 5931899 Neb. LEXIS 242
Disposition
:Dismissed.
Headnotes
Time to Prosecute Error. A proceeding' in error in tlie supreme court must be commenced within one year from the overruling of the motion for a new trial, to confer jurisdiction to review the case.
Summary
Error, from the district court of Clay county. Tried below before Hastings, 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 — Noryal

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Noryal, J.

The motion for a new trial was overruled and final judgment was rendered by the court below on November 23, 1895. This error proceeding was instituted in this court November 24, 1896, or more than one year after the rendition of the order sought to be reviewed. As the error proceeding was not commenced in this court within one year from the time the motion for a new trial was overruled, this court is without jurisdiction to review the case. (Sharp v. Brown, 34 Neb. 406 ; Scarborough v. Myrick, 47 Neb. 794 ; Chapman v. Allen, 33 Neb. 129 ; Record v. Butters, 42 Neb. 786 .) The proceeding is ,

Dismissed.

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Cited by 0 cases

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Authorities cited 4

DepthCaseCited by
Scarborough v. Myrick, 66 N.W. 867 (Neb. 1896) 21
Sharp v. Brown, 51 N.W. 1030 (Neb. 1892) 8
Record v. Butters, 60 N.W. 1019 (Neb. 1894) 6
Chapman v. Allen, 49 N.W. 926 (Neb. 1891) 5

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