Richardson v. Steele
Nebraska Supreme Court
Error from district court of Merrick county. Tried before Post, J. The defendant in error brought his action in the county court of Merrick county to recover possession of a certain gun of the value of $75, where judgment was rendered in his favor, and plaintiff in error appealed to the district court. The petition charges that defendant in error is the owner of the gun and entitled to the possession thereof, and that plaintiff in error wrongfully detains the same, etc.
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Error from district court of Merrick county. Tried before Post, J. The defendant in error brought his action in the county court of Merrick county to recover possession of a certain gun of the value of $75, where judgment was rendered in his favor, and plaintiff in error appealed to the district court. The petition charges that defendant in error is the owner of the gun and entitled to the possession thereof, and that plaintiff in error wrongfully detains the same, etc. The answer was a general denial. On trial the plaintiff in error offered to prove that he held the gun at the commencement…
1Opinion of the Court
Cobb J.
Whatever may have been the law formerly, or maj be now, in those states which have not materially departed from the common law system of pleading, it must be considered as settled both in this state and in Ohio, whose code and practice we have in great measure followed, that in replevin a general denial puts in issue every material allegation of the petition,- and under it the defendant may give evidence of any special matter which amounts to a defense to the plaintiff’s cause of action. School District No. 2 of Merrick Co. v. Shoemaker, 5 Neb., 36. Creighton, Adm'r, etc., v. Newton,…
2Cases cited1 opinion
- School District No. Two v. ShoemakerNebraska Supreme Court · 1876
3Cited by11 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Holliday v. McKinneSupreme Court of Florida · 1886
- Jenkins v. MitchellNebraska Supreme Court · 1894
- Blue Valley Bank v. Clement Bane & Co.Nebraska Supreme Court · 1886
- Williams v. EikenberryNebraska Supreme Court · 1887
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