Schmitt & Brother Co. v. Mahoney
Nebraska Supreme Court
Error to the district court for Dawes county. Tried below before We stover, J. against plea in abatement, cited:- Civil Code, secs. 456-470; Compiled Statutes, cli. 16, secs. 62-70; Bates’ Ohio Statutes, sec. 5679 et seqBates, PL & Pr., 223. said that no pleading of any nature to the plea in abatement had been served or filed, and the facts stood admitted. Counsel cited: Compiled Statutes, ch. 16, sec. 67; 5 Thompson, Corporations, sec. 6754; 3 Ency.
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Error to the district court for Dawes county. Tried below before We stover, J. against plea in abatement, cited:- Civil Code, secs. 456-470; Compiled Statutes, cli. 16, secs. 62-70; Bates’ Ohio Statutes, sec. 5679 et seqBates, PL & Pr., 223. said that no pleading of any nature to the plea in abatement had been served or filed, and the facts stood admitted. Counsel cited: Compiled Statutes, ch. 16, sec. 67; 5 Thompson, Corporations, sec. 6754; 3 Ency. Pl. & Pr., 96; Verein v. FimcJc, 18 la., 473.
1Opinion of the CourtNorval, C. J.
This was an action of replevin, and the plaintiff, being unsuccessful on the trial in the court below, prosecuted error proceedings. The defendant Record filed a cross-petition in error, and subsequently a plea in abatement, setting up in said plea., in effect, that plaintiff, an Ohio corporation, was dissolved on March 6, 1895, by the judgment of the superior court of Cincinnati; that it appointed a receiver of the assets of said corporation, who subsequently made a final report of his doings, which was approved and confirmed by the court, and the receiver discharged. An authenticated copy…
2Cases cited3 opinions
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- Sheibley v. NelsonNebraska Supreme Court · 1909
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