Casey v. Peebles

• Decision Date: 21 June 1882
• Citation: 13 Neb. 7,12 N.W. 840
• Parties: CASEY AND OTHERS v. PEEBLES.
• Court: Nebraska Supreme Court

13 Neb. 7

12 N.W. 840

CASEY AND OTHERS

v.PEEBLES.

Supreme Court of Nebraska.

Filed June 21, 1882.

Error to Seward county district court.Norval Brothers and Roberts, Westover & Williams, for plaintiff.

St. Clair & Anderson, for defendant.

MAXWELL, J.

On the sixteenth day of March, 1881, G. H. Peebles filed a claim of $110, for medical services rendered to Cornelius Casey, against the estate of Cornelius Casey, deceased, in the county court of Seward county, and on the twenty-ninth of June of that year said court allowed $60 thereon. On the twenty-second of July, 1881, Peebles filed in said court an undertaking with one surety, which was duly approved, for an appeal to the district court. On the twenty-first of September of that year the defendants filed a motion to dismiss the appeal for the following reasons: First, because the appellant did not make his application in writing for an appeal, and file the same in the county court within 10 days after the entry of the decree; second, because the appeal was not taken in the time and manner provided by law, and because no lawful bond was filed. The motion was overruled, to which the defendant excepted, and in default of answer judgment was rendered in favor of Peebles for the sum of $110. The cause is brought into this court by petition in error.

The principal error relied on is in overruling the motion to dismiss the appeal. The question to be determined depends upon the construction to be given “An act providing for an appeal from the decision of the county court in certain matters,” approved February 28, 1881, which provides that “in all matters of probate jurisdiction appeals shall be allowed from any final order, judgment, or decree of the county court to the district court, by any person against whom any such order, judgment, or decree may be made, or who may be affected thereby.”

Section 2 provides that “all appeals shall be taken within 30 days after the decision complained of is made.”

Section 3 provides that “every party so appealing shall give bond in such sum as the court shall direct, with two or more good and sufficient sureties, to be approved by the court, conditioned that the appellant will prosecute such appeal to effect without unnecessary delay, and pay all debts, damages, and costs that may be adjudged against him. The bond shall be filed within 30 days from the rendition of such decision. But an executor, administrator, guardian, or guardian ad litem shall not be...