State ex rel. Schafer v. Teller

Nebraska Supreme Court

State ex rel. Schafer v. Teller

153 N.W. 561, 98 Neb. 478, 1915 Neb. LEXIS 259

CourtNebraska Supreme Court

DecidedJune 5, 1915

DocketNo. 18186

StatusPublished

This text of 153 N.W. 561 (State ex rel. Schafer v. Teller) 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

State ex rel. Schafer v. Teller, 153 N.W. 561, 98 Neb. 478, 1915 Neb. LEXIS 259 (Neb. 1915).

Pincite

Opinion

Fawcett, J.

This is an appeal by defendant from a judgment of tbe district court for Douglas county in a bastardy proceeding.

[479]*479Five errors are assigned, but tbe fifth assignment only will he considered, as the first four are clearly without merit. The fifth assignment is that the judgment is excessive. Defendant was 19 years of age at the time of the trial, was earning $18 a week, and had no other resources. He held a position as usher in a dry goods store, spending part of his time in a cafe operated in connection with the store. In addition to his salary, he was furnished his dinners in the cafe. The judgment was for $3,205, payable in monthly instalments of $15 a month. Under this judgment the payments would continue until the child became 18 years of age. We think the judgment is excessive and should be substantially reduced.

The judgment of the district court is therefore reversed and the cause remanded, with directions to enter judgment in favor of the prosecutrix for $1,800, payable at the rate of $100 a year, in quarterly or monthly instalments as the district court may deem most appropriate.

Reversed.

Rose, Sedgwick and Hamer, JJ., not sitting.

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Fawcett, J.

This is an appeal by defendant from a judgment of tbe district court for Douglas county in a bastardy proceeding.

[479]*479Five errors are assigned, but tbe fifth assignment only will he considered, as the first four are clearly without merit. The fifth assignment is that the judgment is excessive. Defendant was 19 years of age at the time of the trial, was earning $18 a week, and had no other resources. He held a position as usher in a dry goods store, spending part of his time in a cafe operated in connection with the store. In addition to his salary, he was furnished his dinners in the cafe. The judgment was for $3,205, payable in monthly instalments of $15 a month. Under this judgment the payments would continue until the child became 18 years of age. We think the judgment is excessive and should be substantially reduced.

The judgment of the district court is therefore reversed and the cause remanded, with directions to enter judgment in favor of the prosecutrix for $1,800, payable at the rate of $100 a year, in quarterly or monthly instalments as the district court may deem most appropriate.

Reversed.

Rose, Sedgwick and Hamer, JJ., not sitting.

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Bluebook (online)

153 N.W. 561, 98 Neb. 478, 1915 Neb. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-schafer-v-teller-neb-1915.