Gray v. M. A. Disbrow & Company

• Decision Date: 02 May 1893
• Docket Number: 4912
• Citation: 55 N.W. 255,36 Neb. 857
• Parties: FRED W. GRAY v. M. A. DISBROW & COMPANY
• Court: Nebraska Supreme Court

55 N.W. 255

36 Neb. 857

FRED W. GRAY v. M. A. DISBROW & COMPANY

No. 4912

Supreme Court of Nebraska

May 2, 1893

ERROR from the district court of Douglas county. Tried below before WAKELEY, J.

AFFIRMED.

Wharton & Baird, for plaintiff in error.

Montgomery, Charlton & Hall, contra.

OPINION

RAGAN, C.

The decree which is sought to be reviewed in this case was rendered in the court below on the 14th of January, 1891, and a transcript of the evidence and the proceedings of the court below was filed in this court August 21, 1891. More than six months having elapsed between the date of the rendition of said decree and the filing in this court of the transcript of the proceedings and evidence, this case cannot be tried here as an appeal. It appears also, from looking into the record, that no motion for a new trial was filed in the court below. We are, therefore, precluded from examining the testimony to see if the decree is supported by the evidence. (Carlow v. Aultman, 28 Neb. 672, 44 N.W. 873.) The judgment of the district court is therefore in all things

AFFIRMED.

THE other commissioners concur.