Reid, Murdoch & Co. v. Panska
Nebraska Supreme Court
Eeeok from, the district court of Cass county. Tried below before Chapman, J. The opinion contains a statement of the case. The court erred in striking from the record the affidavit for a continuance. (Moline v. Curtis, 38 Neb. 520.) Defendants having objected to the jurisdiction of the court and obtained an order quashing the summons, are estopped from, demanding a trial to determine their property rights and damages. (Bollong v. Schuyler Nat.
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Eeeok from, the district court of Cass county. Tried below before Chapman, J. The opinion contains a statement of the case. The court erred in striking from the record the affidavit for a continuance. (Moline v. Curtis, 38 Neb. 520.) Defendants having objected to the jurisdiction of the court and obtained an order quashing the summons, are estopped from, demanding a trial to determine their property rights and damages. (Bollong v. Schuyler Nat. Bank, 26 Neb. 281; Robertson v. Smith, 15 L. R. A. [Ind.] 273.). After the summons was quashed the court was without jurisdiction to enter judgment…
1Opinion of the CourtNorval, J.
This was replevin commenced in the county court by Reid, Murdoch & Company, a corporation, to recover possession of specific personal property. Th'e summons or writ of replevin served on defendants was by its terms made returnable more than 18 days after the date of its issue. The property was taken under the writ, and the possession thereof delivered to the plaintiff on its execution of the proper undertaking. On the return day the defendants made a special appearance, challenging the jurisdiction of the court over their persons, and moved to quash the summons or writ on the ground that it…
2Cases cited9 opinions
- Wright v. StateNebraska Supreme Court · 1895
- Garber v. Palmer, Blanchard & Co.Nebraska Supreme Court · 1896
- Ahlman v. Meyer & SchurmanNebraska Supreme Court · 1886
- Barton v. McKayNebraska Supreme Court · 1893
- Gray v. GodfreyNebraska Supreme Court · 1895
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3Cited by5 opinions
- Pennington County Bank v. BaumanNebraska Supreme Court · 1910
- Jordan v. JacksonNebraska Supreme Court · 1906
- Tiedtke v. WhalenNebraska Supreme Court · 1937
- Carmichael v. McKayNebraska Supreme Court · 1908
- Pennington County Bank v. BaumanNebraska Supreme Court · 1909