Simpson v. Jennings
Nebraska Supreme Court
This cause came before the court at the January term¿ 1882, and is reported with a statement of facts in 12 Neb., ■558. After reversal here, the defendants below, by an amended answer, claimed as a set-off the judgment referred to in the opinion.
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This cause came before the court at the January term¿ 1882, and is reported with a statement of facts in 12 Neb., ■558. After reversal here, the defendants below, by an amended answer, claimed as a set-off the judgment referred to in the opinion. To this set-off the plaintiffs demurred, the demurrer was sustained, and evidence of said set-off also excluded, to which rulings the defendants excepted, and judgment being rendered against them before Pound, J., they brought the cause here by petition in error. cited: § 104, Code. Boyer v. MeCandless, 3 Neb., 161. Thrall v. Hotel Oo., 5 Neb., 295.…
1Opinion of the Court
Cobb, Ch. J.
The main question presented by the record in this case is the alleged error of the court below in refusing to allow the set-off presented by the defendants therein in their amended answer. This set-off consists of a judgment recovered against George Jennings and Anna Maria Jennings, in her lifetime, by one John Dill, and which said judgment come to the hands of the plaintiffs in error, other than the said Richard D. Simpson, by assignment of the said John Dill, since the commencement of said action in the court below.
The question thus distinctly raised is found upon examination…
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