16 Neb. 290 | Neb. | 1884
In February, 1883, the plaintiffs appealed to the district court from an order of the county court of Douglas county admitting the will of one Annie Wallace, deceased,
In Stewart v. Carter, 4 Neb., 567, where an action at law was brought to this court on appeal, the appellant was permitted to file a petition in error, the transcript being on file, and the application being made within one year from the date of the rendition of the judgment.
In Hollenbeck v. Tarkington, 14 Neb., 430, where the transcript was filed after the expiration of a year, it was held that proceedings in error must be commenced in the supreme court in one year from the time the judgment was rendered, and in Baker v. Sloss, 13 Neb., 230, where the
In Speneer v. Thistle, 13 Neb., 201, it was held that a petition in error may be amended by leave of court when amendment will be in furtherance of justice, and in H & G. I. R. R. v. Ingalls, Id.. 279, the plaintiff was permitted after the expiration of a year from the time the judgment was rendered to make new assignments of error. It is evident that it will be in furtherance of justice to permit the plaintiffs to file a petition in error, and leave to that effect is hereby granted, upon condition that they pay all costs in the district court and all costs in this court to this date. The motion to dismiss is overruled.
Motion overruled.