Casey v. Peebles

CourtSupreme Court of Nebraska
Writing for the CourtMAXWELL
Citation13 Neb. 7,12 N.W. 840
PartiesCASEY AND OTHERS v. PEEBLES.
Decision Date21 June 1882

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.

[12 N.W. 840]

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...

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14 practice notes
  • Fowler v. Newsom , No. 21,373.
    • United States
    • Indiana Supreme Court of Indiana
    • December 10, 1909
    ...423, 431, 61 N. E. 1, and cases cited; Ezra v. Manlove, 6 Blackf. (Ind.) 454; Bazzo v. Wallace, 16 Neb. 293, 20 N. W. 314;Casey v. Peebles, 13 Neb. 7, 12 N. W 840;Poston v. Mhoon, 49 Miss. 620. It is proper to say that the recitals in the substituted appeal bond show that the appeal was tak......
  • In re Estate of Kothe, 29696
    • United States
    • Nebraska Supreme Court
    • July 14, 1936
    ...of a cause by appeal, such as requiring a bond to be given. In re Estate of Mathews, 125 Neb. 737, 252 N.W. 210. In Casey v. Peebles, 13 Neb. 7, 12 N.W. 840, wherein an appeal to the district court was taken from disallowance of a claim against an estate in the county court, this court anno......
  • Kelly v. Leachman
    • United States
    • Idaho Supreme Court
    • November 18, 1897
    ...any authorities on the proposition. It has been held to objections to appeal bonds, and among others in the case of Casey v. Peebles, 13 Neb. 7, 12 N.W. 840; Swasey v. Adair, 83 Cal. 136, 23 P. 284; Dyer v. Bradley, 88 Cal. 590, 26 P. 511; Williams v. Dennison, 86 Cal. 430, 25 P. 244. What ......
  • Leshara State Bank v. Hoagland (In re Hoagland's Estate), No. 29074.
    • United States
    • Supreme Court of Nebraska
    • January 16, 1935
    ...the sole question here is the power of the trial court to permit or approve the amendments as and when actually made. In Casey v. Peebles, 13 Neb. 7, 12 N. W. 840, substantially identical with the instant case, the rule is announced: “Where the statute requires two sureties upon a bond for ......
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14 cases
  • Fowler v. Newsom , No. 21,373.
    • United States
    • Indiana Supreme Court of Indiana
    • December 10, 1909
    ...423, 431, 61 N. E. 1, and cases cited; Ezra v. Manlove, 6 Blackf. (Ind.) 454; Bazzo v. Wallace, 16 Neb. 293, 20 N. W. 314;Casey v. Peebles, 13 Neb. 7, 12 N. W 840;Poston v. Mhoon, 49 Miss. 620. It is proper to say that the recitals in the substituted appeal bond show that the appeal was tak......
  • In re Estate of Kothe, 29696
    • United States
    • Nebraska Supreme Court
    • July 14, 1936
    ...of a cause by appeal, such as requiring a bond to be given. In re Estate of Mathews, 125 Neb. 737, 252 N.W. 210. In Casey v. Peebles, 13 Neb. 7, 12 N.W. 840, wherein an appeal to the district court was taken from disallowance of a claim against an estate in the county court, this court anno......
  • Kelly v. Leachman
    • United States
    • Idaho Supreme Court
    • November 18, 1897
    ...any authorities on the proposition. It has been held to objections to appeal bonds, and among others in the case of Casey v. Peebles, 13 Neb. 7, 12 N.W. 840; Swasey v. Adair, 83 Cal. 136, 23 P. 284; Dyer v. Bradley, 88 Cal. 590, 26 P. 511; Williams v. Dennison, 86 Cal. 430, 25 P. 244. What ......
  • Leshara State Bank v. Hoagland (In re Hoagland's Estate), No. 29074.
    • United States
    • Supreme Court of Nebraska
    • January 16, 1935
    ...the sole question here is the power of the trial court to permit or approve the amendments as and when actually made. In Casey v. Peebles, 13 Neb. 7, 12 N. W. 840, substantially identical with the instant case, the rule is announced: “Where the statute requires two sureties upon a bond for ......
  • Request a trial to view additional results

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