Healy v. C. Aultman & Co.
Nebraska Supreme Court
This was an action brought by the defendants in error in the county court of Lancaster county. The action was to recover $172 principal and interest, and $17.20 attorney’s fees, on a promissory note for $150, executed August 5, 1875, by the plaintiff in error, payable to the order of defendants in error. On the first day of Feb ruary, 1877, the defendant in error filed his petition in the said county court to recover the said sums of money.
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This was an action brought by the defendants in error in the county court of Lancaster county. The action was to recover $172 principal and interest, and $17.20 attorney’s fees, on a promissory note for $150, executed August 5, 1875, by the plaintiff in error, payable to the order of defendants in error. On the first day of Feb ruary, 1877, the defendant in error filed his petition in the said county court to recover the said sums of money. A summons was duly issued thereon, and served on the plaintiff in error. On the third day of April, 1877, Healy, plaintiff in error, filed his motion to…
1Opinion of the Court
Lake, Ch. J.
We think the assignment of errors sufficient to enable us to review the questions presented to the district court by the petition in error filed therein.
The first of the errors complained of was in permitting an amended petition to be filed after the original had been stricken from the file, on motion of the plaintiff in error, on account of a defective verification. There was certainly no error in this; and even if there were, it could not now be taken advantage of, inasmuch as no exception was taken to the order.
The principal question, however, appears to relate to the…
2Cited by7 opinions
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- Troup v. HorbachNebraska Supreme Court · 1899
- Goodman v. City of Ft. CollinsCourt of Appeals for the Eighth Circuit · 1908
- Richards v. Estate of GilmoreNebraska Supreme Court · 1941
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