Wright v. Sweet
Nebraska Supreme Court
Error to the district court of Otoe county. Heard below before Pound, J. Sweet in 1871 recovered a judgment against Wright. No execution was ever issued. In 1879 Sweet commenced proceedings to revive. In answer to the petition for revivor defendant Wright set up payment on the note, for which no credit was given, and facts which, he claimed entitled him to equitable relief against the judgment, also plead nul tiel record.
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Error to the district court of Otoe county. Heard below before Pound, J. Sweet in 1871 recovered a judgment against Wright. No execution was ever issued. In 1879 Sweet commenced proceedings to revive. In answer to the petition for revivor defendant Wright set up payment on the note, for which no credit was given, and facts which, he claimed entitled him to equitable relief against the judgment, also plead nul tiel record. A general demurrer to his answer was sustained, and electing to stand on the answer, judgment of revivor was given for Sweet. cited Swan PI. and Pr., 257. Bliss on Code…
1Opinion of the CourtCobb, J.
This was a proceeding in the district court under sec. 473, page 603, Gen. Statutes, and is in no sense a suit or action. The judgment was rendered in 1871, and hence is too old and venerable to be brought up here on error.
As matter of practice, the first erroneous proceeding which we can notice is that of the defendant in error in filing a petition for revivor. No such paper-is recognized by the statute. An affidavit of the plaintiff showing the amount remaining due on the dormant judgment would probably be proper to be filed as a foundation for the order to show cause; but even that is not…
2Cited by9 opinions
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- Garrison v. C. Aultman & Co.Nebraska Supreme Court · 1886
- Cave v. ReiserNebraska Supreme Court · 2004
- Wittstruck v. TempleNebraska Supreme Court · 1899
- Hunter v. James Leahy & Co.Nebraska Supreme Court · 1885
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