Smith & Crittenden v. Steele
Nebraska Supreme Court
Error from the district court of Butler county. cited White v. Blum, 4 Neb., 555. Wright v. Field, 7 Ind., 376. Marion Township Draining Company v. Norris, 37 Ind., 424. Shaffer v. Moriarty, 46 Ind., 9. Bogardusv. Bosendale Manufacturing Company, 7 N. Y., 147. Granting that it was necessary to first ascertain the exact amount justly due. The petition alleges that the' sum of $1,565.50 and interest is justly due, which allegation is admitted by the demurrer.
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Error from the district court of Butler county. cited White v. Blum, 4 Neb., 555. Wright v. Field, 7 Ind., 376. Marion Township Draining Company v. Norris, 37 Ind., 424. Shaffer v. Moriarty, 46 Ind., 9. Bogardusv. Bosendale Manufacturing Company, 7 N. Y., 147. Granting that it was necessary to first ascertain the exact amount justly due. The petition alleges that the' sum of $1,565.50 and interest is justly due, which allegation is admitted by the demurrer. Moreover, the record shows that at the time the demurrer was sustained, the amount due had been determined by the judgment of the…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff commenced an action, in the district court of Butler county, against, the “Alexis Mercantile Association,” and its stockholders, to recover the sum of $1,565.50, upon an account for goods sold and delivered. The petition alleges that the Alexis Mercantile Association has failed to publish the notice required by the statute, showing its existing debts, etc. The defendant, being one of the stockholders, demurred to the petition, on the ground that the facts stated therein did not constitute a cause of action against him. The demurrer was sustained. The plaintiffs…
2Cases cited2 opinions
- Garrison v. . HoweNew York Court of Appeals · 1858
- Boughton v. OtisNew York Supreme Court · 1859
3Cited by9 opinions
- Gorder v. Plattsmouth Canning Co.Nebraska Supreme Court · 1893
- Allison v. Fidelity Mutual Fire InsuranceNebraska Supreme Court · 1908
- Howell Bros. v. RobertsNebraska Supreme Court · 1890
- Singhaus v. PiperNebraska Supreme Court · 1919
- Pickering v. HastingsNebraska Supreme Court · 1898
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