Dane Cnty. Bank v. Garrett

• Citation: 67 N.W. 884,48 Neb. 916
• Parties: DANE COUNTY BANK v. GARRETT ET AL.
• Decision Date: 16 June 1896
• Court: Supreme Court of Nebraska

48 Neb. 916

67 N.W. 884

DANE COUNTY BANK

v.GARRETT ET AL.

Supreme Court of Nebraska.

June 16, 1896.

Syllabus by the Court.

1. An order of a district court, made in an error proceeding, setting aside the judgment of a county court, is a final order, which may be reviewed on error by the supreme court before the final disposition of the original case by the district court.

2. The filing in a district court of a petition in error, and the issuance of a summons in error to review the judgment of a county court, within one year from the date of its rendition, are not alone sufficient to invest the district court with jurisdiction. It is also indispensable to the jurisdiction of the district court that there should be filed therein a transcript of the proceedings of the county court had in the case in which the judgment sought to be reviewed was rendered, and such transcript must be filed in the district court within one year after the date of the rendition of such judgment.

Error to district court, Phelps county; Beall, Judge.

Action in the county court by the Dane County Bank against Thomas J. Garrett and others. There was a judgment for plaintiff, and defendants brought error to the district court, where the judgment was reversed. Plaintiff brings error. Reversed and dismissed.

Rhea & Rhea, for plaintiff in error.

A. J. Shafer, for defendants in error.

RAGAN, C.

On the 4th day of January, 1892, in the county court of Phelps county, the Dane County Bank recovered a judgment against Thomas J. Garrett et al. on a promissory note. No appeal was ever taken by Garrett et al. from this judgment. On the 14th day of January, 1892, Garrett et al. filed in the district court of Phelps county a petition in error to reverse the judgment of the county court. A summons in error was issued and served on the 18th of January, 1892. On the 23d of June, 1893, Garrett et al. for the first time filed in the district court a transcript of the proceedings of the county court. The district court sustained the petition in error, and set aside the judgment of the county court, and to reverse this order of the district court the Dane County Bank has filed in this court a petition in error.

1. The action of the district court in sustaining the error proceeding and setting aside the judgment of the county court was a final order, which the Dane County Bank may review in this court by error proceedings without waiting for the final disposition of the original case by the district court. Banks v....