Moore v. McCollum
This text of 62 N.W. 41 (Moore v. McCollum) 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.
Opinion
At the present term a motion was submitted by the defendants in error to dismiss the petition in error for want of prosecution. This cause was submitted for decision upon its merits at the September term, 1893, without briefs- or oral argument. The motion to dismiss, therefore, comes-too late. Such a motion, to be of any avail, must be presented before the final submission of the cause upon the merits.
No brief having been filed by either party, and the judgment conforming to the pleadings and evidence, it is accordingly affirmed. (Phenix Ins. Co. v. Reams, 37 Neb., 423; Brown v. Dunn, 38 Neb., 52; Damon v. City of Omaha, 38 Neb., 583; Langdon v. Campbell, 43 Neb., 67.)
Judgment affirmed.
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Cite This Page — Counsel Stack
62 N.W. 41, 43 Neb. 617, 1895 Neb. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-mccollum-neb-1895.