Standard Distilling Co. v. Freyhan
| Decision Date | 07 April 1892 |
| Citation | 51 N.W. 976,34 Neb. 434 |
| Parties | STANDARD DISTILLING CO. v. J. A. FREYHAN |
| Court | Nebraska Supreme Court |
ERROR to the district court for Colfax county.Tried below before MARSHALL, J.
Phelps & Sabin, for plaintiff in error.
Grimison & Thomas, contra, cited: Brown v. Rice,30 Neb. 236.
OPINION
THE other judges concur.
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4 cases
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Busboom v. Gregory
...and a final judgment rendered against him on the merits. In the absence of a judgment finally disposing of the case, this court has no authority or jurisdiction to act.' We held to the same effect in
Standard Distilling Co. v. Freyhan, 34 Neb. 434, 51 N.W. 976, and Lewis v. Barker, 46 Neb. 662, 65 N.W. 778. These cases are followed in Erdman v. National Indemnity Co., supra, and Ruse v. Navajo Freight Lines, Inc., 178 Neb. 670, 134 N.W.2d 807. We can... -
Lewis v. Barker
...sustaining a motion to quash a summons is not reviewable in the appellate court before a final judgment dismissing the cause has been rendered in the court below. This was distinctly held in Brown v. Rice, 30 Neb. 236, 46 N. W. 489;Persinger v. Tinkle, 34 Neb. 5, 51 N. W. 299;
Standard Distilling Co. v. Freyhan, 34 Neb. 434, 51 N. W. 976. See Smith v. Johnson, 37 Neb. 675, 56 N. W. 323;Bank v. Smith, 43 Neb. 237, 61 N. W. 606;Edgar v. Keller,... -
Standard Distilling Co. v. Freyhan
...43451 N.W. 976STANDARD DISTILLING CO.v.FREYHAN.Supreme Court of Nebraska.April 7, Syllabus by the Court. An order of the district court, quashing the service of a summons, cannot be reviewed by this court before final judgment is rendered in the action. Error to district court, Colfax county; MARSHALL, Judge. Action by the Standard Distilling Company against John A. Freyhan. From an order quashing the service of the summons plaintiff brings error. Petition in error dismissed. [51
in the action. Error to district court, Colfax county; MARSHALL, Judge. Action by the Standard Distilling Company against John A. Freyhan. From an order quashing the service of the summons plaintiff brings error. Petition in error dismissed. [ 51 N.W. 976]Phelps & Sabin, for plaintiff in error.Grimison & Thomas, for defendant in error.NORVAL, J. This is a proceeding in error to reverse the ruling of the district court, sustaining the defendant's motion to quash the service of the summons.... -
Erdman v. National Indem. Co.
...served on a person outside the class authorized by section 25-511, R.R.S.1943. An order sustaining an objection to personal jurisdiction is not final within the meaning of section 25-1902, R.R.S.1943. See,
Standard Distilling Co. v. Freyhan, 34 Neb. 434, 51 N.W. 976; Persinger v. Tinkle, 34 Neb. 5, 51 N.W. 299. That principle has been applied wherever the defect has been This action has not terminated. The ruling of the district court neither prevents a judgment nor affects...