Stone v. Neeley

Decided February 24, 1892

Nebraska Supreme Court · decided 1892-02-24

<p>Defective Record: Judgment: Recital Instead of Entry. Where the record contains no final judgment, but a mere recital that “judgment be rendered on the verdict for plaintiff,” the petition in error will he dismissed.</p>

Cited by 1 later decisions — most recently December 1987

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1892-02-24

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Norval, J.

¶1This case cannot be reviewed for the reason that the record contains no final judgment. A verdict was returned for the defendant in error, assessing her damages at $708.75. A motion for a new trial was filed by the plaintiff in error. The journal entry is as follows:

“Now on this 17th day of October, 1889, this cause coming on to be heard, the defendant George W. Stone’s motion for a new trial was overruled, to which ruling the defendant George W. Stone excepts, and has forty days to prepare a bill of exceptions. It is ordered that judgment be rendered on the verdict for plaintiff.”

¶2This is merely a recital that a judgment was rendered by the court upon the verdict. (Miller v. B. & M. R. Co., 7 Neb., 227. The petition in error is

¶3Dismissed.

The other judges concur.