Cobbey v. Buchanan
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Babcock, J. The facts are stated by the commissioner. A defendant must plead Ms infancy. (Schermerhom v. Jenhins, 7 Johns. [N. Y.], 373; Roe v. Angevine, 7 Hun [N. Y.], 679; Bryant v. Pottinger, 6 Bush [Ky.], 473; Clemson v. Bush, 3 Binn. [Pa.], 413; Campbell v. Wilson, 23 Tex., 252; Sliver v. Shelbaclc, 1 Dali. [TJ. S.], 165.) The burden of proof is upon the person under disability to make out the defense.
Read the full summary
Error from the district court of Gage county. Tried below before Babcock, J. The facts are stated by the commissioner. A defendant must plead Ms infancy. (Schermerhom v. Jenhins, 7 Johns. [N. Y.], 373; Roe v. Angevine, 7 Hun [N. Y.], 679; Bryant v. Pottinger, 6 Bush [Ky.], 473; Clemson v. Bush, 3 Binn. [Pa.], 413; Campbell v. Wilson, 23 Tex., 252; Sliver v. Shelbaclc, 1 Dali. [TJ. S.], 165.) The burden of proof is upon the person under disability to make out the defense. (Roberts v. Bethell, 12 C. B. [Eng.], 778; Stale v. Arnold, 13 Ired. Law [N. Oar.], 184.) References relating to question…
1Opinion of the Court
Ragan, C.
Before the county judge of Gage county, sitting as a justice of the peace, J. E. Cobbey sued Elmer Buchanan to recover for certain professional legal services which he alleged he had rendered Buchanan at his request, of the reasonable value of $50. An appeal was taken to the district court from the judgment of the county judge, where the case was again tried, resulting in a judgment of dismissal of Cobbey’s action, to reverse which he prosecutes to this court a petition in error.
1. The answer filed by Buchanan in the district court, so far as material here, interposed two defenses:…
2Cases cited7 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- Englebert v. TroxellNebraska Supreme Court · 1894
- Price v. SandersIndiana Supreme Court · 1878
- Darner v. DaggettNebraska Supreme Court · 1892
- Wieland v. KobickIllinois Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Keal v. RhydderckIllinois Supreme Court · 1925
- Hood v. DurenCourt of Appeals of Georgia · 1924
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
12 more not listed; retrieve them via the Exa API.