and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified, or reversed, as provided in this title.

SEC. 582. [Of district court.]-A judgment rendered or final order made by the district court, may be reversed, vacated, or modified by the supreme court, for errors appearing on the record.

SEC. 583. [Repealed 1877, 14.]

pe

SEC. 584. [Proceedings on error in supreme court.]—The proceedings to obtain such reversal, vacation, or modification, shall be by petition entitled “ tition in error," filed in a court having power to make such reversal, vacation, or modification, setting forth the errors complained of, and thereupon a summons shall issue and be served, or publication made, as in the commencement of an action. A service on the attorney of record in the original case shall be sufficient. The summons shall notify the adverse party that a petition in error has been filed in a certain case, naming it, and

Order overning an application to set nside a default. 20 Neb. 319. Orders held not to be final. (Ieder sot. ting aside verdict and granting a new trial during the term. 16 Neb. 572. Finding that allegations of petition are confessed to be true by defendant who is in default for want of answer." 16 Neb. 666. Order vacating judg ment during term at which it is rendered. 14 Neb. 453. Order overruling motion to discharge attachment. Neb. 772. Judgment in partition. 2 Neb. 309. Dissolving temporary injunction. 1 Neb. 311. 8 Id. 17. 10 Id. 441. 20 Id. 319. Judgment for costs only, 3 Neb. 255. 5 Id. 195. 0 Id. 511. Refusing discharge of prisoner before judgment. 10 Neb. 104. Mere recital that one was rendered. 5 Neb. 382. 7 Id. 228. Substituting party plaintiff. 7 Id. 228. In ejectment; cause remanded for judgment. 14 Neb. 378. Issuance of execution in cases arising under the herd law. 17 Neb. 102. An order awarding alimony pendente life. 18 Neb. 463. An order overruling a motion for an order of arrest. 20 Neb. 505. Order of district court sustaining motion to strike amended petition from files. 22 Neb 167. Order of district court setting aside decree and permitting defendant to plead to answer filed by co-defendant by leave of court, but of which said defendant had no notice. 23 Id. 702. Overruling of motion to take default. 21 Id. 391. Refusing to dismiss a canse. 27 Id. 605. Overruling objection to jurisdiction. 29 Id. 433. Sustaining motion to quash service without a judgment. 30 Id. 236. 34 Id. 5.

SEC. 582. Includes final judgment awarding writ of mandamus, 15 Neo. 151. Jurisuiction of supreme court limited to errors appearing on the record. 6 Neb. 252. 7 Id. 197. Has jurisdiction to correct errors in con ested elections. 8 Neb. 439. And in quo warranto. 13 Neb. 531. And in all cases commenced within one year from date of judgment. 8 Neb. 147, 295. And this without regard to time when motion for new trial was decided. 14 Neb. 431. Limitation as to person of unsound mind. 10 Neb. 541. Summons issued within one year may be served afterwards. 10 Neb. 332. Action not "commenced" until summons issued and served. 8 Neb. 150. But alias summons issued after year is up of no effect. 13 Neb. 231, 282. Cause dismissed for want of jurisdiction, petition in error being filed more than one year after rendition of final judgment below. 21 Neb. 674. Prior to the expiration of the time within which a proceeding in error might be instituted in the supreme court, the defendant in error stipulated with plaintiff in error waiving the issuance and service of summons in error, and agreeing that the cause might be heard at a term then in session. It was held that such waiver and stipulation did not give authority to plaintiff in error to commence the action after the expiration of the time fixed by statute, and after the final adjournment of the term at which it was agreed the cause should be submitted. 21 Neb. 674. Equity causes may be reviewed either upon error or appeal. 25 Neb. 514. Court has no power to call jury in appeal cases. 2 Neb. 19. Action at law reviewable only on error. 9 Neb. 95. Decision of board of equalization not reviewable on agreed statement of facts. 5 Neb. 367. Judgment settled by compromise not reviewable. 10 Neb. 361. Appeal dismissed, there being nothing to show that attention of court below was called to entry of default complained of. 12 Neb. 309. If defendant in trial court omit a defense to merits which he might have made, be will in supreme court be bound by record. 12 Neb. 192. Stipulation for continuance not waiver of right to dismiss cause for want of jurisdiction. 14 Neb. 432. Stipulation to continue operates as an appearance. 16 Neb. 292. Court has no jurisdiction to require justice to send up amended transcript. 16 Neb. 225. Has jurisdiction to review settlement of assigned estates. 17 Neb. 465.

SEC. 584. Petition in error must be filed before summons issued. 1 Neb. 10. Need not be verified. 9 Neb. 505. Error in date of filing corrected. 4 Neb. 406. Allowed to be filed out of time. 16 Neb. 290. May be amended by leave of court. 13 Neb. 201, 279. And petition filed in court below may be amended in supreme court so as to fully state a cause of action. 14 Neb. 489. All parties in a joint judgment are necessary parties to a petition filed by one of their number to reverse it. 21 Neb. 474. Motion to dismiss sustained, no transcript having been filed, although perition in error was filed and summons issued. 22 Neb. 702. Pleading not amendable in supreme court on original motion. 18 Neb. 113. Where action is brought upon contract instead of quantum meruit, and all the proof introduced without objection, showing the right of plaintiff to recover, court will, if necessary, permit amendment of petition to conform to proof, or remand cause for such amendment. 18 Neb. 658. Petition in error not stricken from files for want of bill of exceptions. 5 Neb. 517. Nor because bill was not settled within statutory time, or motion for new trial not made in time. 14 Neb. 430, 456. To entitle a defendant to review of errors committed against him he should take same steps to bring cause up as plaintiff in error. 11 Neb. 414. Error cannot be assigned upon a ruling of the district court made or taken with the consent of the complaining party. S Neb. 436, Defendant omitting defense in trial court cannot interpose it here. 12 Neb. 192. Service by publication must be made four successive weeks in Lancaster county. 12 Neb. 342. No errors considered except those assigned in motion for new trial, and those specifically and definitely set out in petition in error. Neb. 405, 11 Id. 144. 12 Id. 211. 13 Id 491. Motion for new trial not necessary in cases of appeal. 12 Neb. 211. Probable errors favorable to plaintiff not considered. 16 Neb. 284. Judgment not reversed nor verdict set aside where error has been committed without prejudice. 2 Neb. 297. 3 Id. 130. 6 Id. 142. 7 Id. 333. 8 Id. 157. 9 Id. 61, 108, 181. 10 Id. 18, 275,534. 13 Id. 54, 178, 331. Presumption in favor of correctness of proceedings. Error must appear affirmatively. 5 Neb. 354. 12 I 61, 86. 16 Neb. 422, 609. Error must be prejudicial. 5 Neb. 489. 9 Id. 181. 15 Id. 375, 378, 344, 515, 628. Mere difference of opinion between trial court and this court not sufficien: to set aside verdict. 5 Neb. 85. 7 Id. 41. 8 Id. 426. 9 Id. 483. 10 Id, 612. 12 Id. 412, 16 Id. 523. When there is court will reverse. 5 Neb. 526. 8 Id. 372. But where the ony questions are those of fact, judgment will be affirmed unless clearly against weight of evidence 14 Neb. 251. And if there be a conflict of evidence, if it be sufficient to support finding judgment will not be disturbed. 14 Neb. 176. Court cannot consider whether verdict is against evidence unless all testimony brought up. 3 Neb. 168. And if there be no bilt of exceptions containing testimony, presumption is there was suf ficient to sustain finding, etc. 8 Neb. 437. Where court decided that verdict was sustained by evidence, but that plaintiff could not recover entire amount sned for, a reference was ordered to determine amount of deduction to be made from the verdict. 25 Neb. 274. Where none of the evidence is preserved in the record it is impossible to review the facts. 25 Neb. 194. In cause tried to court without jury judgment will not be reversed on the ground

shall be returnable on or before the first day of the next term of court, if issued in vacation, and twenty days before the commencement of the term; if issued in term time, or within twenty days before the commencement of the term, it shall be returnable on a day named in said summons. In all cases in the supreme court, if a case be docketed twenty days or more before the next succeeding term it shall stand for hearing at said term. If less than twenty days intervene the cause shall not stand for trial, except by consent of all the parties thereto, until the second term after the docketing of said cause, except causes brought before the court in the exercise of its original jurisdiction. [Amended 1885, chap. 95.]

SEC. 585. [Summons in error.]-The summons mentioned in the last section shall, upon the written precipe of the plaintiff in error, or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any connty in which the defendant in error or his attorney of record may be; and if the writ issue to a foreign county, the sheriff thereof may return the same by mail to the clerk, and shall be entitled to the same fees as if the same had been returnable to the district court of the county in which such officer resides. The defendant in error, or his attorney, may waive in writing the issuing or service of the summons.

SEC. 586. [Transcript.]—The plaintiff in error shall file with his petition a

of the admission of immaterial or incompetent evidence if sufficient material and competent evidence was admitted to sustain finding of court. 25 Neb. 429. Error cannot be predicated upon evidence introduced without objection, nor where a party excepte to the introduction of certain evidence and afterwards introduces it, or that of like character. 25 Neb. 543. Where answer fails to constitute a defense to the action, but no objection was made thereto in the court below, nor error on that ground assigned in the supreme court, the question will not be considered. 24 Neb. 629. Verdict may be sustained as to part of defendants though set aside as to others. 2 Neb. 343. [See however 15 Id. 417.] If new trial cannot be awarded, judgment will be entered in supreme court. 2 Neb. 290. Where party elects to stand on demurrer below, and brings cause up for review, and the judgment on demurrer is sustained, cause will not be remanded for leave to answer to merits. 8 Neb. 502. In case stated, mistake in judgment corrected without remanding cause for new trial. 25 Neb. 433. In a case brought on error to district court, to reverse judgment of that court reversing a judgment of a justice of the peace, and upon examination of the petition in error to said justice and the record certified by him, it appears that there is reversible error assigned, it will be presumed by this court that it was upon such error that the judgment of the justice was reversed and not upon other errors assigned, which are believed not to be reversible. 22 Neb. 195. On appeal, evidence below must be certified by judge unless parties waive. 8 Neb. 265. Judgment on condition of filing remittitur. 8 Neb. 539. 16 Id. 25, 58, 580. Judgment reversed with instructions to district court to enter order of removal of cause to U. S. circuit court, nune pro tune but without costs in this court. 11 Neb. 208. On affirming decree of divorce reference was ordered to take testimony of income of defendant, so as to allow alimony. 12 Neb. 76. And where judgment below in ejectment is right, reference will be ordered to ascertain amount of taxes due. 11 Neb. Plaintiff in error estopped to further proceed after receiving amount of judgment below from defendant in 12 Neb. 447. Review not allowed after stay taken. 11 Neb. 476. 12 Id. 580. Cause will be dismissed for want of prosecution, where plaintiff fails to appear two successive terms. 3 Neb. 372. And on motion of plaintiff where the land in controversy has been conveyed by defendant to him. 14 Neb. 420. And on motion of defendant if not filed in time. 7 Neb. 124. Cause dismissed for want of prosecution; reinstated upon showing neglect of attor beys without fault of plaintiffs. 25 Neb. 72. On motion to dismiss, sufficiency of assignments of error will not be considered. 8 Neb. 96. Where motion to dismiss appeal sustained, leave given to file petition in error. 5 Neb.

584.

error.

567 20 Id. 318 But not where it is necessary to file amended transcript to show judgment below. 13 Neb. 224. Question discussed in brief not in record, will not be considered. 13 Neb. 48. If cause remanded for judgment and there has been substantial compliance, it will be sustained. 13 Neb. 178. Defendant not required to appear for argument until time when cause is assigned. 13 Neb. 198. After cause submitted, too late to raise objections to bill of exceptions. 13 Neb. 272, 501. If record is imperfect so the court cannot tell whether facts assigned for error exist or not, judgment will be affirmed. 13 Neb. 462. 19 Neb. 215. And where there is no principle of law involved and decided in a case, and verdict not being against evidence, judgment will be affirmed. 15 Neb. 7, 407, 670. And where no brief is filed as required by rule, or cause shown why such rule should not be suspended, judgment will be affirmed unless error plainly appear. 15 Neb. 56. And where the only objection to the judgment is, that the verdict is not sustained by the evidence, and for any cause the bill of exceptions be quashed or stricken from the files, and there being no point raised, or question involved in the case, which can be considered without an examination of the testimony on which the judgment was rendered, the judgment will be affirmed. 15 Neb. 141. 146. Objection to form of judgment of county court, not made in district, will not be considered by supreme. 14 Neb. 9. All parties to joint judgment should be made parties. 28 Neb. 79 SEC. 585. Attorney of record may waive issuance of summons. 1 Neb. 325, Service of summons in error upou attorney of record in court below sufficient to give court jurisdiction, although attorney may not appear in supreme court. 24 Neb. 173. In absence of issuance and service of summons in error, or general appearance by deamrertoi, no jurisdieron cau peme cou, t. 24 Nev. 142. On oue a torey 2000. 8 id.

470. Oral agreement to waive not enforce ble. 28 Id. 661. Entry of appearance after time for issuing process: when motion to dismiss should be made. 26 Id. 63.

SEC, 586. A transcript filed before petition in error will not for that reason be stricken from files. 12 Neb. 524, Transcripts should be full and complete, but contain only what is necessary to enable court to pass on questions presented. 1 Neb. 106, 363 2 Id. 10. 13 d. 201. Transcripts should only contain such portion of the record below as is necessary to a correct understanding of the ease. 24 Neb. 492. Where no objection is made to the summons, or to the return of the officer thereon, such summons should be omitted from the transcript. So with journal entries not involved in the case. 23 Neb. 707. Transcript must show when and where court was held, its terms, judge, and names of officers, and be authenticated by clerk. 1 Neb. 325. 2 Id. 170. 6 Id. 418. If unnecessary 12 Neb. 201, 476. If defective so court cannot matter is put in record, cost of it will be taxed to party in fan't.

examine questions judgineat will be affirmed. 13 Neb. 462. Should include pleadings, aliter judgment will be alfirmed. 14 Neb, 262. But testimony need not be included where facts are not disputed and the only question is one of law. 4 Neb 55. Notes of clerk are not a part of record. 2 Neb. 66. The affidavit of the clerk of the district court cannot be resorted to for the purpose of correcting a transcript of the record certified to by him. If a false or erroneous record is certified to by him, it should be corrected by a certified transe-ipt of the record as it is. 21 Neb. 597. The transcript of the tria: court, duly certified by the clerk, will alone b recognized as to all matters which are properly of record in that court. 23 Neb. 464. Paper not rightly in record stricken out on motion.

transcript of the proceedings containing the final judgment or order sought to be reversed, vacated, or modified. No written or printed abstract or any copy of an abstract of the record shall be required in any case in the supreme court of this state. This act shall apply to cases now pending in the supreme court. [Amended 1887, chap. 96. Took effect July 1, 1887.]

SEC. 587. [Same-How furnished.]-Judges of probate courts, justices of the peace, and other judicial tribunals having no clerk, and clerks of every court of record, shall, upon request and being paid the lawful fees therefor, furnish an authenticated transcript of the proceedings, containing the judgment or final order of said courts, to either of the parties to the same, or to any person interested in procuring such transcript.

SEC. 587 a. [Original bills of exceptions may be used.]—That in all cases or proceedings now pending or hereafter to be brought in any district court of this state, as well as in all cases or proceedings that have been finally adjudicated in any of said courts within six months next prior to the date of the passage of this act, which it is sought or desired to remove to the supreme court of this state, on proceedings in error, or by appeal in equity in the manner now prescribed by law, it shall not be necessary to copy the bill, or bills of exception, or the deposition, testimony, and proof in cases that have been preserved in form similar to bills of exception or otherwise, as contemplated by an act passed March 3, 1873, entitled, "An act to provide for appeals in actions in equity," taken or used in any such case or proceedings into the transcript or record for the supreme court, but such original bills of exception and testimony in equity and cases at law so as aforesaid preserved, shall be, on the request of any party desiring to so prosecute such case or proceeding to the supreme court, attached to the transcript or record of such other parts of the record in the case or proceeding as may be desired by such party, and the transcript or record for the supreme court, so made up shall be received in all respects as if the said bill or bills of exceptions or depositions, testimony, and proof in equity cases so as aforesaid properly preserved were copied into such transcript or record for the supreme court. [1885, chap. 96.]

SEC. 587 b. [Certificate of clerk.]—And it is further enacted that when the original bill or bills of exceptions or testimony in equity and law cases, is so as foresaid made a part of a transcript or record for the supreme court, the clerk shall state such fact in his certificate thereto, and omit to certify that the same have been copied into such record or transcript.

SEC. 587 c. [Original returned after trial.]-When any case or proceeding in which the record or transcript has been so as aforesaid made up, shall have been finally determined in the supreme court, the said original bill or bills of exception, and testimony, shall be by the clerk of the supreme court transmitted to the clerk of the district court below, whence such case or proceeding was removed, on the request of any party to the suit or proceeding, provided the cost of the transmittal thereof shall be first paid to said clerk of the supreme court if he shall demand it, by the party applying therefor.

SEC. 587 d. [Rehearing.]-In the event a rehearing of any such cause or proceeding shall be allowed by the supreme court, or if for any other reason said court shall need or desire the use of such original bill or bills of exception or testimony in equity and law cases, it is hereby authorized to order the return of the same

1 Neb. 181. But motion to strike out part of transcript not considered. 3 Neb. 186. Should contain ruling of court on objections made. 10 Neb. 38. And depositions, to review order suppressing them. 12 Neb. 85. If trial court refuse to permit supplemental pleading to be filed, it must be made a part of the record 21 Neb. 313. Amendment of this section repeals law of 1885 requiring printed abstracts of record. Decisions prior to repeal see 19 Neb. 59. 20 Id. 205.

SEC. 587 a-d. "An act to authorize the use of original bills of exception and testimony preserved in equity cases, in making transcripts and records of cases and proceedings at law and in equity, on removal thereof to the supreme court, and to provide for the costs incidental thereto.' Approved and took effect March 1, 1881. Sections 1, 2, and 4 amended 1885, chap. 96. Cited 17 Neb. 520, 642. Rehearing denied, though cause was disposed of without argument or brief of defendant. 7 Neb. 205. Rehearing not granted upon new matter de hors the record. 6 Neb. 253. Leave to file motion for rehearing after rule day denied. 12 Neb. 208. Motion for rehearing inust distinctly specify ground upon which it is based. 14 Neb. 21.

to it, and it shall be the duty of the clerk of the court in whose custody the same may be to transmit the same to the clerk of the supreme court upon being personally served with a copy of such order of the supreme court, duly certified under the seal of the court, and the expense of the transmittal of such bills and testimony, together with costs made in recording, certifying, and serving such order shall be taxed to the unsuccessful party to such suit or proceeding unless the supreme shall otherwise order: Provided, That the party at whose instance such expense of transmittal is to be made shall advance the same to the clerk who is desired to incur such expenses if required by him. Service of such certified copy of said order may be made by any person. If done by the sheriff of any county, his official return shall be sufficient evidence of the fact of service. If by any other person, the service shall be sufficiently proved by his affidavit to the fact. [1885, chap. 96.]

SEC. 588. [Stay of execution.]-No proceeding to reverse, vacate, or modify any judgment or final order rendered in the probate court, or district court, except as provided for in the next section, and the fourth subdivision of this section, shall operate to stay execution, unless the clerk of the court in which the record of said judgment or final order shall be, shall take a written undertaking, to be executed on the part of the plaintiff in error to the adverse party, with one or more sufficient sureties, as follows: First-When the judgment or final order sought to be reversed, directs the payment of money, the written undertaking shall be in double the amount of the judgment or order, to the effect that the plaintiff in error will pay the consideration money and costs in case the judgment or final order shall be affirmed in whole or in part. Second-When it directs the execution of a conveyance or other instrument, the undertaking shall be in such sum as may be prescribed by any court of record in this state, or any judge thereof, to the effect that the plaintiff in error will abide the judgment, if the same shall be affirmed, and pay the costs. Third-When it directs the sale or delivery of possession of real property, the undertaking shall be in such sum as may be prescribed by any court of record, or any judge thereof, to the effect that during the possession of such property by the plaintiff in error, he will not commit or suffer to be committed, any waste thereon, and if the judgment be affirmed he will pay the value of the use and occupation of the property, from the date of the undertaking until the delivery of the possession pursuant to the judgment, and all costs. Fourth-When it directs the assignment or delivery of documents, they may be placed in the custody of the clerk of the court in which judgment was rendered, to abide the judgment of the appellate court, or the undertaking may be in such sum as may be prescribed as aforesaid, to abide the judgment and pay costs, if the same shall be affirmed. [Amended 1875, 131. Took effect Feb. 25, 1875.1

SEC. 589. [Same-Instrument deposited in court.]-Instead of the undertaking prescribed in the second subdivision of the last section, the conveyance or other instrument may be executed and deposited with the clerk of the court in which the judgment was rendered or order made, to abide the judgment of the appellate court.

SEC. 590. [Same-When takes effect.]-Before the written undertaking herein mentioned in section five hundred and eighty-eight shall operate to stay execution of the judgment or order, a petition in error must be filed in the appellate court, and the execution of the undertaking and the sufficiency of the sureties must be approved by the court in which the judgment was rendered or order made, or by the clerk thereof; and the clerk shall endorse said approval, signed by himself, upon the undertaking, and file the same in his office for the defendant in error. [Amended to take effect Sept. 1, 1873. G. S. 630.]

SEC. 591. [Judgment, how enforced when error taken.]—In an action arising on contract, for the payment of money only, notwithstanding the execution

SEC. 588. Bond not necessary to obtain review of case. 17 Neb. 401. Amount of bond not fixed by court in case of mandamus requiring street railway company to operate its road. 19 Neb. 150. Supersedeas bond may be amended. 19 Neb. 222. Filing of bond does not supersede judgment of removal from office so as to entitle incumbent to retain office pending proceedings in error. 19 Neb. 450.

SEC. 591. See section 477 j.

of the undertaking in the last section mentioned, to stay proceedings, if the defendant in error give adequate security to make restitution in case the judgment is reversed or modified, he may, upon leave obtained from the court below, or a judge thereof in vacation, proceed to enforce the judgment. Such security must be an undertaking executed to the plaintiff in error by at least two sufficient sureties, to the effect that if the judgment be reversed or modified, he will make full restitution to the plaintiff in error of the money by him received under the judgment.

SEC. 592. [When commenced-Limitation.]-No proceedings for reversing, vacating, or modifying judgments or final orders shall be commenced unless within one year after the rendition of the judgment or making of the final order complained of, or in case the person entitled to such preceedings be an infant, a person of unsound mind, or imprisoned within one year as aforesaid, exclusive of the time of such disability; Provided, That the provisions of this act shall only apply to judgments or decrees rendered after the date of its taking effect. [1875, 40. Amended 1877, 14. Took effect June 1, 1877.]

SEC. 593. [Stay of execution-Undertaking.]-No proceedings to reverse, vacate, or modify any judgment rendered, or final order made, by a justice of the peace, shall operate as a stay of execution, unless the clerk of the district court shall take a written undertaking to the defendant in error, executed on the part of the plaintiff' in error, by one or more sufficient sureties, to the effect that the plaintiff will pay all the costs which have accrued or may accrue on such proceedings in error, together with the amount of any judgment that may be rendered against such plaintiff in error, either on the further trial of the case, after the judgment of the court below shall have been set aside or reversed, or upon and after the affirmance thereof in the district court. Nor shall said proceedings operate as a stay of execution on judgments of restitution rendered in actions for the forcible entry and detention, or the forcible detention only, of lands and tenements, unless a further undertaking shall be taken in the manner aforesaid, conditional for the payment to the defendant in error of all money or sums of money that has accrued or may accrue to said defendant from the plaintiff in error for the use, occupation, or rent of the lands and tenements in controversy, in case the judgment sought to be reversed, shall be affirmed. [Amended 1871, 110. Took effect Mar. 25, 1871.]

SEC. 594. [Proceedings in supreme court on reversal-Mandate.] -When a judgment or final order shall be reversed either in whole or in part, in the supreme court, the court reversing the same shall proceed to render such judgment as the court below should have rendered, or remand the cause to the court below for such judgment; and the court reversing such judgment or final order, shall not issue execution in causes that are removed before them on error, on which they pronounced judgment as aforesaid, but shall send a special mandate to the court below, as the case may require, to award execution thereupon; and it shall be the duty of the judges of the supreme court to prepare and file their opinion in every case as brought before them, within sixty days after the decision of the same, and no mandate shall be sent to the court below until the opinion provided for by this section has been filed. The court to which such special mandate is sent, shall proceed in such case in the same manner as if such judgment or final order had been rendered therein, and on motion and good cause shown, it may suspend any execution made returnable before it by order of the supreme court,

SEC. 592. Original section read three years. Amended in 1875 to read six months. Amended in 1877 as it now stands. Judgment rendered May 17, 1877, petition in error filed Dec. 13, 1877, held too late, as act of 1877 did not take effect until June 1. 7 Neb. 125. And see 8 Neb. 147. Proceedings not deemed "commenced" until summons which shall be duly served is issued. 8 Neb. 150. But if issued within the year, it may be served afterwards. 10 Neb. 332. Words unsound mind" are used in same sense as word "insane." 10 Neb. 541. See 14 Neb, 431. 16 Id. 290. 21 Id. 674. Note to sec. 582. Acceptance of service of notice of appeal in error case. Case dismissed 29 Neb. 131. All defendants to joint judgment must be made parties within the year. Id. 612. Cited 28 Id. 250. Commenced in one year from overruling motion for new trial. 34 Id. 406.

SEC. 593. Cited 17 Neb. 401.

SEC. 594. If new trial cannot be awarded supreme court will enter a judgment and not remand cause. 2 Neb. 290. If a party after an adverse ruling upon his demurrer to a pleading elects to stand upon it, and brings same up for review, when judgment is affirmed, cause will not be remanded with leave to answer to the merits. 8 Neb. 502. See 20 Neb. 405. 24 Id. 666. Mistake in entry of judgment, corrected in supreme court without remanding On affirmance clerk district court me issue execution. 26 Neb. 151..

cause for new trial. 25 Neb. 433.