Dietrichs v. Lincoln & Northwestern R. R.
Nebraska Supreme Court
This was an action of replevin brought by the Lincoln and Northwestern Railroad Company against Dora Dcitrichs in the district court of Platte county, to recover possession of a one-storv frame dwelling located on block 66, in the city of Columbus. The cause was scut to a referee, who reported as follows-: First.
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This was an action of replevin brought by the Lincoln and Northwestern Railroad Company against Dora Dcitrichs in the district court of Platte county, to recover possession of a one-storv frame dwelling located on block 66, in the city of Columbus. The cause was scut to a referee, who reported as follows-: First. That the plaintiff was, at the time of the commencement of this action, the owner and entitled to the immediate possession of the property described in plaintiff’s petition. Second. That-' the said property was unlawfully detained by defendant. . ■ Third. That the plaintiff being the…
1Opinion of the Court
Lake, Ch. J.
Taking the ei’rors complained, of in the order of their assignment, the first one is the refusal of the court to set aside the report of the referee, for the reason that it was not filed within the time named in the order of reference. The ground taken by the plaintiff in error that the mere neglect of the referee to file his report on or before the day fixed for him to do so renders his action under the order of reference nugatory, is untenable. The case of DeLong v. Stahl, 13 Kan., 558, which her counsel cite in support of that position, does not so hold.
In that case it appeared…
2Cases cited3 opinions
- DeLong v. StahlSupreme Court of Kansas · 1874
- National Life Insurance Co. of United State v. RobinsonNebraska Supreme Court · 1879
- Robinson v. O'ConnerNebraska Supreme Court · 1882
3Cited by12 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Frost v. SchinkelNebraska Supreme Court · 1931
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Forker Solar, Inc. v. KnoblauchNebraska Supreme Court · 1986
- Waters v. ReuberNebraska Supreme Court · 1884
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