Baker v. Kloster

• Decision Date: 02 October 1894
• Citation: 41 Neb. 890,60 N.W. 318
• Parties: BAKER v. KLOSTER.
• Court: Nebraska Supreme Court

41 Neb. 890

60 N.W. 318

BAKER

v.KLOSTER.

Supreme Court of Nebraska.

Oct. 2, 1894.

Syllabus by the Court.

Where the transcript filed in this court does not contain the judgment or final order of the district court, sought to be reviewed, the petition in error will be dismissed.

Error to district court, Dakota county; Norris, Judge.

Action by L. Kloster against A. L. Baker for the negligent excavation of soil. Judgment was rendered for plaintiff, and defendant brings error. Petition in error dismissed.Jay & Beck, for plaintiff in error.

R. B. Daley, for defendant in error.

NORVAL, C. J.

The petition in error must be dismissed, for the reason that the judgment sought to be reviewed is not before us. The transcript filed in this court consists alone of the petition, answer, instructions to the jury, and motion for a new trial. No journal entries are in the record; nor does it appear that a verdict has ever been returned by the jury, or that the motion for a new trial has been passed upon, or that a final judgment has been entered in the case. It is only a judgment or final order rendered by the district court that can be reviewed by the supreme court; and, unless the transcript brought to this court contains such judgment or final order, the proceedings will be dismissed. The petition in error is dismissed. Judgment accordingly.