Geneva National Bank v. Donovan

Nebraska Supreme Court

Geneva National Bank v. Donovan

74 N.W. 33, 53 Neb. 613, 1898 Neb. LEXIS 443

CourtNebraska Supreme Court

DecidedFebruary 2, 1898

DocketNo. 7813

StatusPublished

Cited by1 cases

This text of 74 N.W. 33 (Geneva National Bank v. Donovan) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geneva National Bank v. Donovan, 74 N.W. 33, 53 Neb. 613, 1898 Neb. LEXIS 443 (Neb. 1898).

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Opinion

Ryan, C.

The Geneva National Bank brought this action in the district court of Fillmore county for the foreclosure of a mortgage securing payment of a note made by Richard Donovan and Catherine Donovan. The defendants interposed the defense of usury, which, upon a trial, was sustained to the amount of $275A0, which' sum was accordingly credited upon the principal, and for the balance a decree was entered. By its petition in error the bank seeks to set aside the finding of the existence of usury.

The certificate of the clerk of the district court attached to the transcript is in this language: “I, H. F. Putlitz, clerk of the district court within and for the county of Fillmore, state of Nebraska, do hereby certify that the above and foregoing is a true and correct transcript of the plaintiff’s petition, answer of Richard Donovan and Catherine Donovan, reply of plaintiff herein, [614]*614journal entries, except on demurrer and motion for a new trial, as the same appear on file and of record in the office of said clerk in the within entitled action. Witness my hand,” etc. Since there is expressly excepted from this certificate the journal entry on the motion for a new trial, the transcript must be considered as though, therein, that ruling did not appear. Under such circumstances the errors alleged to have occurred on the trial, or in the rendition of the judgment, cannot be reviewed in this court. (Leach v. Renwald, 45 Neb. 207, and authorities therein cited.) The judgment of the district court is therefore

Affirmed.

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Ryan, C.

The Geneva National Bank brought this action in the district court of Fillmore county for the foreclosure of a mortgage securing payment of a note made by Richard Donovan and Catherine Donovan. The defendants interposed the defense of usury, which, upon a trial, was sustained to the amount of $275A0, which' sum was accordingly credited upon the principal, and for the balance a decree was entered. By its petition in error the bank seeks to set aside the finding of the existence of usury.

The certificate of the clerk of the district court attached to the transcript is in this language: “I, H. F. Putlitz, clerk of the district court within and for the county of Fillmore, state of Nebraska, do hereby certify that the above and foregoing is a true and correct transcript of the plaintiff’s petition, answer of Richard Donovan and Catherine Donovan, reply of plaintiff herein, [614]*614journal entries, except on demurrer and motion for a new trial, as the same appear on file and of record in the office of said clerk in the within entitled action. Witness my hand,” etc. Since there is expressly excepted from this certificate the journal entry on the motion for a new trial, the transcript must be considered as though, therein, that ruling did not appear. Under such circumstances the errors alleged to have occurred on the trial, or in the rendition of the judgment, cannot be reviewed in this court. (Leach v. Renwald, 45 Neb. 207, and authorities therein cited.) The judgment of the district court is therefore

Affirmed.

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Bluebook (online)

74 N.W. 33, 53 Neb. 613, 1898 Neb. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geneva-national-bank-v-donovan-neb-1898.

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