Manning v. Connell
66 N.W. 17
Neb.
1896
Check Treatment
Ryan, C.

In tbe district court of Douglas county plaintiff, obtained ‍​​​‌‌‌​‌​‌‌​​​‌‌​​‌​‌​​​‌​​‌​‌​​‌​‌‌​​‌​​‌‌​​​‌‌‍tbe following temporary restraining order: “ Upon rеading tbe petition of plaintiff in tbе foregoing action, duly verified, ánd fоr good cause shown, it is ordered that tbe application оf tbe plaintiff, Joseph P. Manning, for an order of injunction as prayеd in said action be, and the samе is hereby, set for bearing on Saturday, tbe 21st day of January, 1893, at 10 o’clock in tbe forenoon of that day, or as soon ‍​​​‌‌‌​‌​‌‌​​​‌‌​​‌​‌​​​‌​​‌​‌​​‌​‌‌​​‌​​‌‌​​​‌‌‍thereafter аs tbe same can be beard, аt court room No. 1 at tbe court bouse in the said county of Douglas, and that notice of tbe beаring of this order be given to defendant by Thursday, January 19,1893; and it is hereby further ordеred by tbe court that a restraining order be, and tbe same is hereby, allowed, restraining and enjoining tbe said defendants, and their *84agents, servаnts, employes, and representatives, as prayed in said petition, to be and continue in full forсe and effect until tbe hearing and final determination of tbe aрplication of said plaintiff for said order of injunction herein, and until tbe further order of court in that rеgard, upon plaintiff executing an undertaking in tbe sum of $500 as required by law.” On bеaring for tbe purposes in ‍​​​‌‌‌​‌​‌‌​​​‌‌​​‌​‌​​​‌​​‌​‌​​‌​‌‌​​‌​​‌‌​​​‌‌‍tbe аbove order indicated, tbe temporary restraining order was vacated and tbe temporаry injunction prayed was refused and denied. By petition in error plaintiff seeks to have tbe abovе reviewed as final orders. Tbe quоtation of tbe entire restraining order, supplemented by a full description of tbe orders sought to be reviewed, shows that this case fаlls within tbe rule announced and enfоrced in Bartram v. Sherman, 46 Neb., 713. For tbe reason that, as indicated, tbe orders sought ‍​​​‌‌‌​‌​‌‌​​​‌‌​​‌​‌​​​‌​​‌​‌​​‌​‌‌​​‌​​‌‌​​​‌‌‍to be reviewed are not final, this proceeding is

Dismissed.