H. W. Curtis & Co. v. Cutler
Nebraska Supreme Court
Error to the district court of Saunders county. It was an action in replevin brought by M. B. Cutler, sheriff of Cass county, Nebraska, the defendant in error, to recover the possession of specific personal property, under section 182 of civil code. Trial had before Gaslin, J., and a jury. Yerdict for Cutler, upon which judgment was rendered. The petition does not state a cause of action.
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Error to the district court of Saunders county. It was an action in replevin brought by M. B. Cutler, sheriff of Cass county, Nebraska, the defendant in error, to recover the possession of specific personal property, under section 182 of civil code. Trial had before Gaslin, J., and a jury. Yerdict for Cutler, upon which judgment was rendered. The petition does not state a cause of action. Turner v. Boby, 8 N. Y., 193. Cornell v. Barnes, 7 Hill, 35. Loomis v. Wheeler, 18 Wis., 524. The defect was not waived by answering, and the court erred in permitting evidence to be introduced under the…
1Opinion of the Court
Gantt, Ch. J.
At the commencement of the trial the plaintiffs in *317error, who were defendants in the court below, “objected to the introduction of any evidence, upon the grounds that under the pleadings in the case, the defendant in error, who was plaintiff below, was not entitled to recover.” In other words, the grounds of objection are substantially, that the petition states no cause of action. The objection was overruled, but in the progress of the trial, the defendant in error, by leave of court, filed an amended petition, to which the same objections were made to the admission of any…
2Cases cited5 opinions
- K v. HWisconsin Supreme Court · 1866
- Wells v. MortonWisconsin Supreme Court · 1860
- Garner v. McCulLoughSupreme Court of Missouri · 1871
- Moore v. BesseCalifornia Supreme Court · 1866
- Smith v. WeageWisconsin Supreme Court · 1867
3Cited by13 opinions
- Newman Grove Creamery Co. v. DeaverNebraska Supreme Court · 1981
- Camp v. PollockNebraska Supreme Court · 1895
- Dickinson v. LawsonNebraska Supreme Court · 1933
- Red Hawk v. JoinesOregon Supreme Court · 1929
- Ball v. LaClairNebraska Supreme Court · 1885
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