Real v. Honey
Nebraska Supreme Court
Error from the district court of Fillmore county. Tried below before Morris, J. The facts are stated in the opinion. The motion of defendant to dismiss the case for want of a proper party plaintiff was properly overruled by the justice.
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Error from the district court of Fillmore county. Tried below before Morris, J. The facts are stated in the opinion. The motion of defendant to dismiss the case for want of a proper party plaintiff was properly overruled by the justice. (Burlington & M. R. R. Co. v. Rich, 7 Neb., 246.) The taxation of costs is not a judicial action, in the proper sense of the term, but is ministerial; and without a motion to retax, which would call into action the judicial power, the taxation cannot be reviewed upon error. (Ross v. Harper, 99 Mass., 175; Barnes v. Smith, 104 Mass., 363; Abbott v. Matthews, 26…
1Opinion of the CourtNorval, C. J.
This was an action brought by the plaintiff in error in the name of P. S. Real "against the defendant in error before a justice of the peace, claiming in his bill of particulars a judgment for $15. On the return day of the summons, by consent of parties, the trial was postponed until a subsequent date, it, at the time, being agreed that the defendant should not thereby waive any right which he might have to object to the jurisdiction of the court. On the day to which the action was adjourned, the defendant filed a motion objecting to the jurisdiction of the justice, for the reason “that there…
2Cases cited7 opinions
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- Martin v. CoppockNebraska Supreme Court · 1875
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- Reed v. BeardsleyNebraska Supreme Court · 1877
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