Lathrop v. Cheney
Nebraska Supreme Court
Error to the district court for Knox county. Tried Delow before Powers, J. cited, on the point that the judgment in replevin was not a bar to the action for an accounting: Cromwell v. Sac Co., 94 U. S., 351 — 6; Lord v. Chadbourn, 42 Me., 429 [66 Am. Dec., 290]; Russell v„ Place, 95 TJ.
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Error to the district court for Knox county. Tried Delow before Powers, J. cited, on the point that the judgment in replevin was not a bar to the action for an accounting: Cromwell v. Sac Co., 94 U. S., 351 — 6; Lord v. Chadbourn, 42 Me., 429 [66 Am. Dec., 290]; Russell v„ Place, 95 TJ. S., 606; Homer v. Brown, 16 How. [U. S.], 353-6; Cheney v. Cooper, 14 Neb., 418; Packet Co. v. Sickles, 5 Wall [U. S.], 529; Porter v. Wagner, 36 O. St., 471; Wells, Res Adjudicata, secs. 3, 13, 14, 215, special 216; Lawrence v. Hunt, 10 Wend. [N. Y.], 85; Jones v. Underwood, 35 Barb. [N. Y.], 211; Miller v.…
1Opinion of the CourtMaxwell, J.
This is an action to recover damages and apparently also-for an accounting. We say apparently, because the facts stated are of a nature to require an accounting between the-parties, and there is a prayer for equitable relief, but the case seems to have been tried as an action for damages, and on the trial the jury returned a verdict for the defendant,, upon which judgment was rendered.
The testimony tends to show that in October, 1886,. the plaintiff was indebted to the defendant in an amount which we cannot determine, but ,not to exceed $100, and that this debt was secured by a chattel…
2Cases cited3 opinions
- Carroll v. BallanceIllinois Supreme Court · 1861
- Allen v. RansonSupreme Court of Missouri · 1869
- Johnson v. WatsonIllinois Supreme Court · 1877
3Cited by1 opinion
- Holzhausen v. ParkhillWisconsin Supreme Court · 1893