Comstock v. Cole
Nebraska Supreme Court
Error to the district court for Cedar county. Tried below, before Crawford, J. Evidences of title, suck as patents, deeds, etc., were improperly received since no question of title can be litigated in this form of action.
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Error to the district court for Cedar county. Tried below, before Crawford, J. Evidences of title, suck as patents, deeds, etc., were improperly received since no question of title can be litigated in this form of action. (Myers v. Koenig, 5 Neb., 422; Leach v. Butphen, 11 Id., 5-28; Pettit v. Black, 13 Id., 154; Streeter v. Rolph, Id., 388; Webster v. Stewart, 6 la., 401; Beezly v. Burgett, 15 Id., 192; Brocken v. Preston, 1 Pinney [Wis.], 365; Gates v. Winslow, 1 Wis., 650; Ferrell v. Lamar, Id., 19; Fvill v. Conwell, 18 Am. Dec., 147.) The gravamen of the action is simply the unlawful,…
1Opinion of the CourtMaxwell, J.
This is an action of forcible entry and detainer brought in the county court of Cedar county, where, on the trial of the cause, judgment was rendered for the defendant. The case was then taken on error to the district court, and on the hearing the judgment of the county court was affirmed. After the filing of the transcript in this court the defendant died, and the cause was revived in the name of his administrator. The attorney for the administrator now moves to dismiss the cause, principally because the summons in error was not served upon him. A large number of affidavits in support of and…
2Cases cited2 opinions
- Galligher v. ConnellNebraska Supreme Court · 1888
- Yorgensen v. YorgensenNebraska Supreme Court · 1877
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