Legal Opinion
Lathrope v. McBride
Nebraska Supreme Court
Decided January 27, 1891PublishedCited by 1 opinion
Error to the district court for Holt county. Tried below before Kinkaid, J. cited, contending that the payment was not voluntary and could be recovered back: Fargusson v. Winslow, 25 N. W. Rep., 942; Shaw v. Woodcock, 7 Barn. & C. [Eng.], 73; Parker v. Ry. Co., 7 Eng. Law & E
1Opinion of the CourtMaxwell, J.
In December, 1886, the plaintiff began an action against George E. Cheney and John Benedict before a justice of the peace of Knox county, and on the trial the following proceedings were had as appear from the transcript:
“December 23, 1886, at 10 o’clock in the forenoon, case called, plaintiff failing to appear, and after waiting one hour and having been called three times in open court he is adjudged to be in default. Jury being waived by defendant he proceeds to trial to the court, and after hearing evidence offered by the defendant, to-wit, Nos. 2, 3, and 4, I find that the right of…
2Cited by1 opinion
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