Legal Opinion

Commissioners of Kearney County v. Kent

Nebraska Supreme Court

Decided July 15, 1876PublishedCited by 4 opinions

Error from the district court of Kearney county. It was.an action of replevin brought by the commissioners of Kearney county, against Kent to recover the possession of a certain fire proof iron safe. The plaintiffs gave a delivery bond and took possession of the safe. The safe had been, up to the 29th day of November, 1873, in possession of the plaintiffs.

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Error from the district court of Kearney county. It was.an action of replevin brought by the commissioners of Kearney county, against Kent to recover the possession of a certain fire proof iron safe. The plaintiffs gave a delivery bond and took possession of the safe. The safe had been, up to the 29th day of November, 1873, in possession of the plaintiffs. On that day the board of commissioners had a settlement with one Yalentine for certain extra work done by him on the court house of said county, and ordered two county warrants to be drawn therefor in favor of the said Yalentine, one for…

1Opinion of the Court

Lake, Ch. J.

This was an action for the recovery of the possession of an iron safe, brought by the plaintiffs in error. There is no question concerning the pleadings raised. These are in the usual form: the defendant pleading the general issue of non detinet, and also property in another. The alleged, errors all occurred during the trial of the case.

I. The first error of the assignment is, that certain testimony offered by the defendant was erroneously admitted to the jury. This testimony consisted of the record of the proceedings of the board of county commissioners of said county, at a…

2Cited by4 opinions

  1. Consaul v. SheldonNebraska Supreme Court · 1892
  2. Ford v. StateNebraska Supreme Court · 1895
  3. Cortelyou v. MabenNebraska Supreme Court · 1894
  4. National Life Insurance v. City of OmahaNebraska Supreme Court · 1905

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