Hendrix v. Rieman
Nebraska Supreme Court
Error to the district court for Douglas county. Tbe action was upon a promissory note, aud was brought by S. D. Rieman, a non-resident. During the pendency of the action, and after the issues therein were made up, tbe cause was revived in tbe name of Jennie Rieman, as administratrix. Hendrix appeared specially, and filed objections to the revivor.
Read the full summary
Error to the district court for Douglas county. Tbe action was upon a promissory note, aud was brought by S. D. Rieman, a non-resident. During the pendency of the action, and after the issues therein were made up, tbe cause was revived in tbe name of Jennie Rieman, as administratrix. Hendrix appeared specially, and filed objections to the revivor. These objections were overruled, and exceptions duly taken, Tbe case was then called for trial, but before trial commenced Hendrix asked leave to file an answer, wbicb was granted, and an answer was filed denying that Jennie A. Rieman was…
1Opinion of the CourtGantt, J.
During the pendency of the cause in the court below the plaintiff in the action died, and it was revived in the name of defendant in error as administratix. The principal point made in the argument for plaintiff in error is, that the defendant in error is a foreign adminstratrix, and therefore the revival of the action in her name is error. It is conceded that in the absence of a statutory law permitting it, a foreign executor or administrator cannot sue or prosecute an action as such in another state. However, the point made in the argument might be answered by the remark that the record…
2Cases cited5 opinions
- Horbach v. MillerNebraska Supreme Court · 1875
- Wilcox v. SaundersNebraska Supreme Court · 1876
- People ex rel. Gere v. WestonNebraska Supreme Court · 1874
- White v. BlumNebraska Supreme Court · 1876
- Rich v. StretchNebraska Supreme Court · 1875
3Cited by18 opinions
- State v. Omaha Elevator Co.Nebraska Supreme Court · 1906
- Hergott v. Nebraska State Railway CommissionNebraska Supreme Court · 1944
- Missouri Pacific Railway Co. v. FoxNebraska Supreme Court · 1898
- Solomon v. A. W. Farney, Inc.Nebraska Supreme Court · 1939
- Chilen v. Commercial Casualty InsuranceNebraska Supreme Court · 1939
13 more not listed; retrieve them via the Exa API.