Mills v. Miller
Nebraska Supreme Court
This was a petition in error to review proceedings in partition, had in the District Court for Douglas County. To the petition filed in the District Court the defendant answered, setting up that the interest claimed by the plaintiff in the premises was derived by him without any consideration; that the defendant had alone negotiated for and purchased the premises, and paid for the same ; but that the plaintiff represented and pretended that one Lorin Miller (who was his…
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This was a petition in error to review proceedings in partition, had in the District Court for Douglas County. To the petition filed in the District Court the defendant answered, setting up that the interest claimed by the plaintiff in the premises was derived by him without any consideration; that the defendant had alone negotiated for and purchased the premises, and paid for the same ; but that the plaintiff represented and pretended that one Lorin Miller (who was his father) had a title, either in law or equity, to the said premises, and would recover the same in an action then pending…
1Opinion of the Court
CEOTmSB,'J.
It was quite useless to insert in this record the demurrer to the petition and the order of the Court overruling it. By answering, the defendant lost the benefit, if any, of his exception to the order. Brown v. Saratoga *309R. R. Co., 18 N. Y., 495; Campbell v. Wilcox, 5 West. Jurist, 208; Cleaswater v. Meredith, 1 Wal., 42; Aurora City v. West, 7 id., 92 ; Young v. Martin, 8 id., 354.
Sect. 582 of the Code, in defining what may be reviewed, says, —
“ A judgment rendered or final order made by the District Court may be reversed, vacated, or modified by the Supreme Court for errors…
2Cases cited11 opinions
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Ingersoll v. . BostwickNew York Court of Appeals · 1860
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- Stebbins v. NilesMississippi Supreme Court · 1852
- Lawther v. AgeeSupreme Court of Missouri · 1864
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Horbach v. MillerNebraska Supreme Court · 1875
- Cropsey v. WiggenhornNebraska Supreme Court · 1873
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
- Cutler v. RobertsNebraska Supreme Court · 1878
- Carmack v. ErdenbergerNebraska Supreme Court · 1906
14 more not listed; retrieve them via the Exa API.