Legal Opinion

Cannon v. Wilbur

Nebraska Supreme Court

Decided November 18, 1890PublishedCited by 6 opinions

Error to the district court for Douglas county. Tried below before Doane, J. cited, contending that notice of forfeiture was not required: Sexton v. Chicago Storage Co., 21 N. E. Rep., 920,and cases cited; Colton v. Gorham,, 33 N. W. Rep., 76. cited, in reply to the contention: Wilson v. Gerhardt, 13 Pac.

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Error to the district court for Douglas county. Tried below before Doane, J. cited, contending that notice of forfeiture was not required: Sexton v. Chicago Storage Co., 21 N. E. Rep., 920,and cases cited; Colton v. Gorham,, 33 N. W. Rep., 76. cited, in reply to the contention: Wilson v. Gerhardt, 13 Pac. Rep., 705;. Hendrickson v. Beeson, 21 Neb., 61; Code, secs. 1020-22. As to the measure of damages for wrongful eviction: Sutherland, Damages, sec. 149, and cases; Mack v. Patchin, 42 N. Y., 167, and cases.

1Opinion of the CourtNobval, J.

This is an action for damages which the plaintiff claims to have sustained by reason of the defendant unlawfully terminating a certain lease entered into between the plaintiff and defendant, whereby the plaintiff lost the benefit of the possession of the leased premises. A trial was had to a jury, with verdict and judgment for the plaintiff for $510. The defendant’s motion for a new trial was overruled, and he brings the case here for review by proceedings in error.

On the 29th day of November, 1886, the defendant, Martin Cannon, executed and delivered to Mathew C. Wilbur, the plaintiff below,…

2Cited by6 opinions

  1. Wyuta Cattle Co. v. ConnellWyoming Supreme Court · 1931
  2. Shutt v. LocknerNebraska Supreme Court · 1906
  3. Sibert v. HostickNebraska Supreme Court · 1912
  4. Smith v. HugheyOregon Supreme Court · 1913
  5. Wacholz v. GriesgraberSupreme Court of Minnesota · 1897

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