Dillon v. Russell
Nebraska Supreme Court
Error to the district court of Johnson county. The plaintiff in error and H. N. Cornell were defendants in the court below, and upon the trial plaintiff in error requested the court to give the following instructions to the jury, which the court refused to do, and he excepted. 1. “The court instructs the jury that every material allegation of new matter as a defense, contained in defendant’s answer, not controverted or denied in the reply of the plaintiffs must, for the…
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Error to the district court of Johnson county. The plaintiff in error and H. N. Cornell were defendants in the court below, and upon the trial plaintiff in error requested the court to give the following instructions to the jury, which the court refused to do, and he excepted. 1. “The court instructs the jury that every material allegation of new matter as a defense, contained in defendant’s answer, not controverted or denied in the reply of the plaintiffs must, for the purposes of the trial, be taken and considered as true, except allegations of value and amount.” 2. “ The court further…
1Opinion of the Court
Lake, Ch. J.
I. The action in the court below was upon a promissory note signed by the plaintiff in error and one Cornell as joint makers. To the petition Dillon answered that he was in reality only a surety for Cornell, whp was the real principal, he having received the entire consideration for which the note was given, and that this was well known to the plaintiffs at the time they received it. Of this allegation there was no denial in the reply, and, therefore, for all the purposes of the action it must be taken as true.
Under the rules of pleading, as they stood prior to the code amendments…
2Cases cited1 opinion
- McCann v. McLennanNebraska Supreme Court · 1873
3Cited by16 opinions
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Smith v. MasonNebraska Supreme Court · 1895
- Davis v. StoutIndiana Supreme Court · 1890
- Watts v. GanttNebraska Supreme Court · 1894
- Draper v. TuckerNebraska Supreme Court · 1903
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