Horn v. Queen
Nebraska Supreme Court
Error to the district court for Lancaster county. William S. Horn brought suit against William W. Queen alleging in his petition that one A. O. Combs had purchased a tract of land in Lancaster county, by preemption certificate, of the Burlington and Missouri River Railroad Company, which Combs afterwards sold and transferred to Horn; that thereupon, under the contract of purchase, he entered into the possession and enjoyment of said premises, a considerable portion of which…
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Error to the district court for Lancaster county. William S. Horn brought suit against William W. Queen alleging in his petition that one A. O. Combs had purchased a tract of land in Lancaster county, by preemption certificate, of the Burlington and Missouri River Railroad Company, which Combs afterwards sold and transferred to Horn; that thereupon, under the contract of purchase, he entered into the possession and enjoyment of said premises, a considerable portion of which he broke up and prepared for cultivation; that afterwards one Charles L. Gumaer entered the said tract of land at the…
1Opinion of the CourtMaxwell, J.
It has been held that a new trial would be granted, upon a motion for a postponement on the ground of the absence of a witness, when one of the defendants, at the time the case was called for trial and the motion was made, lay sick in Philadelphia, and the other was unable to attend court, each being ignorant of the other’s situation, and consequently the requisite proof was not furnished by reason of the absence of the witness. Sherrard v. Olden, 1 Halstead, 344.
And it was held sufficient to grant a new trial where the plaintiff was prevented from attending court in consequence of his…
2Cases cited1 opinion
- Harrison v. HarrisonCourt of Appeals of Kentucky · 1822
3Cited by13 opinions
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1897
- Hitt v. CarrIndiana Court of Appeals · 1921
- Pope v. HooperNebraska Supreme Court · 1877
- Gould v. LoughranNebraska Supreme Court · 1886
- Roggencamp v. DobbsNebraska Supreme Court · 1884
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