25-1925. Appeal; suits in equity; trial de novo.

In all appeals from the district court in suits in equity in which review of some or all of the findings of fact of the district court is asked by the appellant, it shall be the duty of the Court of Appeals or the Supreme Court to retry the issue or issues of fact involved in the finding or findings of fact complained of upon the evidence preserved in the bill of exceptions and, upon trial de novo of such question or questions of fact, reach an independent conclusion as to what finding or findings are required under the pleadings and all the evidence without reference to the conclusion reached in the district court or the fact that there may be some evidence in support thereof.

Source:Laws 1903, c. 125, § 1, p. 631; R.S.1913, § 8198; C.S.1922, § 9150; C.S.1929, § 20-1925; R.S.1943, § 25-1925; Laws 1991, LB 732, § 61.