Banks v. Uhl
Nebraska Supreme Court
Error from the district court of Nemaha county. Tried before Pound, J. The action was originally begun in the probate court by Uhl, October 15, 1873, for the recovery of an attorney’s fee. The defendant, Banks, answered and demanded a jury November 3,1873. Jury struck and venire issued November 4,1873, and on same day the cause was continued by consent to December 2, 1873. On the twenty-ninth of November Uhl filed his motion to dismiss the action.
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Error from the district court of Nemaha county. Tried before Pound, J. The action was originally begun in the probate court by Uhl, October 15, 1873, for the recovery of an attorney’s fee. The defendant, Banks, answered and demanded a jury November 3,1873. Jury struck and venire issued November 4,1873, and on same day the cause was continued by consent to December 2, 1873. On the twenty-ninth of November Uhl filed his motion to dismiss the action. On the twenty-second of November Banks filed motion to strike Uhl’s motion to dismiss from the files. December 1, 1873, leave was given Banks to…
1Opinion of the Court
Lake, Ch. J.
The principal question in this case is whether the defendant in error, who was plaintiff in the probate court, could voluntarily dismiss his action. If he could, then the action of the court in permitting Banks to file an amended answer, setting up a set-off, and proceeding to an ex parte trial and judgment thereon, after Uhl had dismissed the action, was erroneous, and was properly reversed by the district court.
The practice in civil cases in the probate court was, in all essential particulars, regulated by statute, and, except in a very few matters, was the same as that…
2Cited by8 opinions
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