Claire v. Claire
Nebraska Supreme Court
Error to the district court of Nemaha county. Tried below before Pound, J. There is a sufficient statement of the case in the opinion. cited Emery v. Pease, 20 N. J., 64. Stewart v. Carter, 4 Neb., 564. Jones v. Steamboat Cortes, 17 Cal., 497. Pomeroy on Remedies, see. 453, 57-60. Conaughty v. Nichols, 42 N. Y., 83. Wright v. Hooker, 10 N. Y., 51. Bliss on Code Pleading, sec. 120. cited Gren.
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Error to the district court of Nemaha county. Tried below before Pound, J. There is a sufficient statement of the case in the opinion. cited Emery v. Pease, 20 N. J., 64. Stewart v. Carter, 4 Neb., 564. Jones v. Steamboat Cortes, 17 Cal., 497. Pomeroy on Remedies, see. 453, 57-60. Conaughty v. Nichols, 42 N. Y., 83. Wright v. Hooker, 10 N. Y., 51. Bliss on Code Pleading, sec. 120. cited Gren. Stat., 539, sec. 92. Bliss on Code pleading, secs. 119, 423. Nash PI. & Pr., 52. Fox v. JR. JR. Go., 2 Handy, 170. Pom. on Rem., 627, § 576. Sturges r. Burton, 8 O. St., 215. Ferguson v. Gilbert, 16 0.…
1Opinion of the CourtLake, J.
The first matter assigned for error is the sustaining of the motion of the defendant to compel the plaintiff to elect on which cause of action he would proceed. As to the time when this order to elect was made there is nothing to complain of, for if in consequence of its being made just on the eve of trial additional time were needed to make preparation, it should have been requested by proper motion. There is nothing in the record to show that delay was either asked or needed.
On the part of the plaintiff it is contended that the petition states but a single cause of action, while the…
2Cases cited3 opinions
- Stebbins v. NilesMississippi Supreme Court · 1852
- Hutchinson v. Market Bank of TroyNew York Supreme Court · 1867
- Cobb v. ArundellWisconsin Supreme Court · 1870
3Cited by10 opinions
- Chittenden & Eastman Co. v. Leader Furniture Co.Arizona Supreme Court · 1921
- McKinster v. HitchcookNebraska Supreme Court · 1886
- Rose v. BradleyWisconsin Supreme Court · 1895
- Gentry v. BearssNebraska Supreme Court · 1908
- Voight v. BrooksMontana Supreme Court · 1897
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