
    George W. Stone v. Rebecca S. Neeley.
    [Filed February 24, 1892.]
    Defective Record: Judgment: Recital Instead of Entry. Where the record contains no final judgment, but a mere recital that “judgment be rendered on the verdict for plaintiff,” the petition in error will he dismissed.
    Error to the district court for Buffalo county. Tried below before Hamer, J.
    
      R. A. Moore, for plaintiff in error.
    
      A. JS. Connor, and Creene & Hostetler, contra.
    
   Norval, J.

This case cannot be reviewed for the reason that the record contains no final judgment. A verdict was returned for the defendant in error, assessing her damages at $708.75. A motion for a new trial was filed by the plaintiff in error. The journal entry is as follows:

“Now on this 17th day of October, 1889, this cause coming on to be heard, the defendant George W. Stone’s motion for a new trial was overruled, to which ruling the defendant George W. Stone excepts, and has forty days to prepare a bill of exceptions. It is ordered that judgment be rendered on the verdict for plaintiff.”

This is merely a recital that a judgment was rendered by the court upon the verdict. (Miller v. B. & M. R. Co., 7 Neb., 227. The petition in error is

Dismissed.

The other judges concur.  