Farrell v. Cook
Nebraska Supreme Court
Error to the district court for Webster county. Tried below before Gaslin, J. cited: Shed v. Hawthorne, 3 Neb., 185. Boom v. Utica, 2 Barb.) 104. Nolin v. Mayor, 4 Yerg'., 163. 4 Wait’s Actions and Defenses, 730. Wood Nuisance, 63-66. cited: Hackney v. State, 8 Ind., 494. Attorney General v. Evart Boom Go., 34 Mich., 473.
1Opinion of the CourtMaxwell, J.
This action was brought in the district court of Webster county to abate a nuisance. A demurrer to the petition was overruled in the court below and a perpetual injunction granted.
The grounds of the demurrer are: 1st. That the plaintiff has not legal capacity to sue; and, 2d, That the facts stated in the petition are not sufficient to constitute a cause of action.
It is alleged in the petition that in May, 1880, the defendant in error (the plaintiff below) “became and ever since has been, and now is, the owner of lots 7, 8, 9, in *484block 25, in the town of Red Cloud; that the plaintiff has…
2Cases cited6 opinions
- Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
- Coker v. BirgeSupreme Court of Georgia · 1851
- Pickard v. CollinsNew York Supreme Court · 1856
- Haskins v. Alcott & HortonOhio Supreme Court · 1862
- Hackney v. StateIndiana Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Littleton v. BurgessWyoming Supreme Court · 1907
- Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1899
- Hill v. PiersonNebraska Supreme Court · 1895
- Braasch v. Cemetery Ass'n of the Evangelical Lutheran Christ SocietyNebraska Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.