Legal Opinion

Wirth v. Weigand

Nebraska Supreme Court

Decided September 25, 1909No. 15,764PublishedCited by 12 opinions

Appeal from the district court for Otoe county: Harvey D. Travis, Judge.

1Opinion of the CourtFawcett, J.

This action was commenced in the district court for Otoe county by J. Robin Bonwell, as guardian of the estate of plaintiff Bridget A. Wirth. The controversy involves the title to certain lands in said county. The defendants severally demurred to plaintiff’s petition. Their demurrers were sustained and plaintiff’s action dismissed. Plaintiff appeals.

The points made by the two demurrers are: That plaintiff has no legal capacity to sue; that the court has no jurisdiction of the subject matter; that there is another action pending in which the title to the property in controversy in this action…

2Cases cited4 opinions

  1. Ralston v. LaheeSupreme Court of Iowa · 1859
  2. Munro v. CallahanNebraska Supreme Court · 1898
  3. Barr v. PostNebraska Supreme Court · 1899
  4. Finney v. SpeedMississippi Supreme Court · 1893

3Cited by12 opinions

  1. Bend v. MarshNebraska Supreme Court · 1945
  2. Hemphill Ex Rel. Burns v. HemphillSupreme Court of Missouri · 1958
  3. Brandeen v. BealeNebraska Supreme Court · 1928
  4. Messecar v. MarshNebraska Supreme Court · 1945
  5. Krause v. LongNebraska Supreme Court · 1923

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