§ 25-1128 — Trial by the court; provisions for jury trials applicable

Nebraska § 25-1128

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

The provisions of this Chapter respecting trials by jury, apply, so far as they are in their nature applicable, to trials by the court.

Legislative History

Source: R.S.1867, Code § 320, p. 448; R.S.1913, § 7866; C.S.1922, § 8811; C.S.1929, § 20-1128; R.S.1943, § 25-1128. Annotations: Trial court had authority to vacate judgment it had entered for plaintiff after trial to the court, and to then enter judgment for defendants on motion couched in terms of section 25-1315.02. Woodmen of the World Life Ins. Soc. v. Peter Kiewit Sons' Co., 196 Neb. 158, 241 N.W.2d 674 (1976). In case tried to judge, handwriting may be compared by him with genuine writing of the same person. First Nat. Bank & Trust Co. v. Cutright, 189 Neb. 805, 205 N.W.2d 542 (1973). Special findings of fact inconsistent with general findings of court control. Carl v. Wentz, 116 Neb. 880, 219 N.W. 390 (1928). Procedure upon hearing is assimilated to equity practice; right to open and close is determined by pleadings. Citizens State Bank v. Baird, 42 Neb. 219, 60 N.W. 551 (1894).