Myers v. Koenig
Nebraska Supreme Court
Error from the district court of Butler county. Tried below before Post, J. The plaintiff in error commenced the action before a justice of the peace against the defendant for the unlawful and forcible entry into and detention of real property.
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Error from the district court of Butler county. Tried below before Post, J. The plaintiff in error commenced the action before a justice of the peace against the defendant for the unlawful and forcible entry into and detention of real property. The bill of exceptions shows that plaintiff offered in evidence a patent of the United States for the lands in controversy, dated March 1, 1875 and recorded May 4, 1875. Defendant offered receiver’s certificate to Rudolph Martin dated June 29, 1871, and recorded August 18, 1871, and deed from Martin to him of same date, and moved the court to dismiss…
1Opinion of the CourtGantt, J.
Upon error to the district court, the judgment of the justice of the peace in this case was reversed, and the cause was dismissed on the ground that, in the trial before the justice, title to real estate was drawn in question so as to oust the jurisdiction of the justice over the subject matter. This is the controlling question in the case, and the only one it is deemed necessary to notice. Title XXX, Chap. 1, of the civil code defines the jurisdiction of justices of the peace, and provides that they shall not have cognizance of “ actions in which title to real estate is sought to be…
2Cases cited2 opinions
- Herriter v. PorterCalifornia Supreme Court · 1863
- Jarvis v. HamiltonWisconsin Supreme Court · 1863
3Cited by8 opinions
- Watkins v. DodsonNebraska Supreme Court · 1955
- Bass v. Boetel & Co.Nebraska Supreme Court · 1974
- Dale v. DoddridgeNebraska Supreme Court · 1879
- Estabrook v. HaterothNebraska Supreme Court · 1887
- Miller v. MaustNebraska Supreme Court · 1935
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