Garber v. Palmer, Blanchard & Co.
Nebraska Supreme Court
Error from the district court of Webster county. Tried below before Beall, J. The issues are stated by the commissioner. The order of the court sustaining the motion of defendant in error to dismiss this cause was erroneous. In an action of replevin both parties are actors. On the plaintiff’s failure to prosecute, the defendant becomes the real plaintiff in the action. (Aultman v. Reams, 9 Neb., 487; Moore v. Herron, 17 Neb., 697; Wilson v. Wheeler, 6 How.
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Error from the district court of Webster county. Tried below before Beall, J. The issues are stated by the commissioner. The order of the court sustaining the motion of defendant in error to dismiss this cause was erroneous. In an action of replevin both parties are actors. On the plaintiff’s failure to prosecute, the defendant becomes the real plaintiff in the action. (Aultman v. Reams, 9 Neb., 487; Moore v. Herron, 17 Neb., 697; Wilson v. Wheeler, 6 How. Pr. [N. Y.], 49; Broom v. Fox, 2 Yeates [Pa.], 530; Long v. Buckeridge, 1 Str. [Eng.], 106; Marshall v. Bunker, 40 la., 121; Wells,…
1Opinion of the Court
Irvine, C.
This was an action in replevin by Palmer, Blanchard & Co., a corporation, against Garber for 300 head of cattle alleged to be worth $8,000, and appraised at $5,000. The answer was a general denial. After each side had rested its case the plaintiff moved the court “to dismiss this action without liability to the defendant herein.” Whereupon the following order was made: “On consideration whereof the court sustains said motion, and it is hereby considered, ordered, and adjudged that said action be, and the same is hereby, dismissed at plaintiff’s costs. And it is further considered…
2Cases cited13 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Jenkins v. MitchellNebraska Supreme Court · 1894
- C. Aultman & Co. v. ReamsNebraska Supreme Court · 1880
- Camp v. PollockNebraska Supreme Court · 1895
- Randall v. PersonsNebraska Supreme Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pennington County Bank v. BaumanNebraska Supreme Court · 1910
- Raymond Bros. & Co. v. MillerNebraska Supreme Court · 1897
- Robinson v. Kilpatrick-Koch Dry Goods Co.Nebraska Supreme Court · 1897
- Brown v. HoganNebraska Supreme Court · 1896
- Standard Finance Corp. v. BrelandMississippi Supreme Court · 1964
9 more not listed; retrieve them via the Exa API.