Nuckolls v. Irwin
Nebraska Supreme Court
This was a motion to dismiss an appeal from a judgment of the District Court for Otoe County. The action was for the specific performance of a contract. At the term of the Court being held on the seventeenth day of August, 1868, Mr. Justice Lake, who was assigned to hold the District Courts in the second district, presided. Otoe County is in the first district, to which Mr. Chief Justice Mason was assigned. The statute authorizes one judge to hold courts for another.
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This was a motion to dismiss an appeal from a judgment of the District Court for Otoe County. The action was for the specific performance of a contract. At the term of the Court being held on the seventeenth day of August, 1868, Mr. Justice Lake, who was assigned to hold the District Courts in the second district, presided. Otoe County is in the first district, to which Mr. Chief Justice Mason was assigned. The statute authorizes one judge to hold courts for another. On that day the cause was tried before Judge Lake, and by him taken under advisement. A note of this circumstance was entered…
1Opinion of the CourtCeotjnse, J.
A glance at this record raised no doubt in my mind that this appeal must be dismissed. The Court, however, not being unanimous in this view, and the motion being given the additional importance of a full day’s argument by able counsel in supjiort of the appeal, it is proper that the views of the majority be briefly stated. No question is made but that the District Court had jurisdiction of the persons and subject-matter involved in this action. The issues being complete, the trial of the cause came regularly on at the August term of that Court in the year 1868, and was submitted and taken…
2Cases cited1 opinion
- Humphrey v. . ChamberlainNew York Court of Appeals · 1854
3Cited by14 opinions
- National Indemnity Co. v. Spring Branch State BankTexas Supreme Court · 1961
- In re BeckSupreme Court of Kansas · 1901
- Ray v. MasonNebraska Supreme Court · 1877
- Turner v. CatesSupreme Court of Georgia · 1893
- Noyes v. Bankers Indemnity InsuranceMassachusetts Supreme Judicial Court · 1940
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