![]() It is there distinctly stated that the case was dismissed because the appeal was not taken within 60 days from the date of the assessment of damages made by the commissioners. In this case it presents for itself the point or matter on which the court acted. ![]() It is always a part of the record of the case, and, like the plea and the verdict, it needs no bill of exceptions, but is simply to be transcribed as a part of the record. A judgment of a court appealed from is never incorporated into a bill of exceptions. It is ordered by the court here that said appeal be, and the same is hereby, dismissed, each party to pay its own costs.'Īs to the proposition that it cannot be reviewed here for want of a bill of exceptions, that is equally untenable. The order to dismiss is in the following terms: 'This cause coming on to be heard this twentieth day of December, 1883, on the motion filed by the defendant to dismiss the appeal herein from the assessment of damages made by the commissioners appointed by the county court of Cass county, Nebraska, on the ground that said appeal was not taken within sixty days after the assessment of damages to said real estate by said commissioners, and for other reasons contained in said motion on file, and on argument of counsel, and on consideration thereof by the court, the court doth here find that said appeal was not taken within sixty days from the date of the assessment of damage made by such commissioners of the land in controversy, and the court doth sustain said motion to dismiss such appeal. This is so in any sense in which it can be looked at. ![]() ![]() But the determination of this subject is the final judgment of the court. The next point presented is that the ruling of the court in this case, upon the question of the dismissal of the appeal, is not presented by any bill of exceptions, and that there is nothing in the record on which this court can review that decision. This is the only error relied upo by plaintiff in error.' The only error assigned by the plaintiff here is in the following language: 'The court below sustained the motion to dismiss solely upon the ground that the appeal had not been taken within the statutory time of sixty days after the assessment, deciding that the time commenced to run from the day when the commissioners met and viewed the land, and not from the date of the return of their assessment. To this judgment of dismissal the present writ of error is prosecuted. The matter, therefore, not being remanded to the state court, the circuit court of the United States deciding that no valid appeal had been taken from the county to the district court of Cass county, the dismissal of the appeal was, of course, an end of the case. In this latter court a motion was made to remand the case to the district court of Cass county, which seems never to have been acted upon, but, on a motion made by the railway company to dismiss the appeal,-meaning thereby the appeal from the county court to the district court of Cass county,-the circuit court granted the motion, and dismissed the appeal. In that court he made a motion, which was successful, to remove the case into the circuit court of the United States for the district of Nebraska. From this assessment, after it was returned to the county court, Samuel Clinton, some of whose land was taken, appealed to the district court of said county. ![]() It was begun in the county court of Cass county, Nebraska, by which a commission was appointed to make the assessment of damages. It commenced in a proceeding instituted by the Missouri Pacific Railway Company of Nebraska, under a statute of that state providing for the condemnation of land for the use of railroads. This case is in many respects anomalous and bristles with points, but it is otherwise not very important. ![]()
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