Clark v. McDowell

• Decision Date: 17 May 1899
• Docket Number: 8887
• Citation: 79 N.W. 158,58 Neb. 593
• Parties: WILLIAM M. CLARK v. H. E. MCDOWELL
• Court: Nebraska Supreme Court

79 N.W. 158

58 Neb. 593

WILLIAM M. CLARK v. H. E. MCDOWELL

No. 8887

Supreme Court of Nebraska

May 17, 1899

ERROR from the district court of Clay county. Tried below before HASTINGS, J. Dismissed.

Proceeding DISMISSED.

William M. Clark, pro se.

Ambrose C. Epperson and J. L. Epperson & Sons, contra.

OPINION

NORVAL, 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, 51 N.W. 1030; Scarborough v. Myrick, 47 Neb. 794, 66 N.W. 867; Chapman v. Allen, 33 Neb. 129, 49 N.W. 926; Record v. Butters, 42 Neb. 786, 60 N.W. 1019.) The proceeding is

DISMISSED.