Kruger v. Adams & French Harvester Co.
Nebraska Supreme Court
Error to the district court of Platte county. Tried below before Post, J. The opinion states the case. This petition for a new trial is defective because the alleged newly discovered evidence, according to the admission of the defendants in error in their said petition, does not bear upon any of the issues in the original suit (Kruger v. Adams $ French Harvester Co. et al.), thus conceding ,that the same is not material.
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Error to the district court of Platte county. Tried below before Post, J. The opinion states the case. This petition for a new trial is defective because the alleged newly discovered evidence, according to the admission of the defendants in error in their said petition, does not bear upon any of the issues in the original suit (Kruger v. Adams $ French Harvester Co. et al.), thus conceding ,that the same is not material. Code, sec. 314, subdivision 7. 24 Ohio State, 133 and 134. Hilliard on New Tr., chap. XV., page 375, section 2. Arnold v. Skaggs, 35 Cal., 684. 3 Estee’s Plead, and Forms,…
1Opinion of the CourtCobb, J.
The plaintiff in error brought suit against the defendant in error, the Adams & French Harvester Company (and Benjamin Spielman), and obtained a temporary injunction against them, and finally at the trial obtained a judgment making such injunction perpetual. The petition set forth the following facts: That on the eighth day of November, 1872, certain lands, to-wit: The south-west quarter of section 20 in township 20 north, of range one west, in Platte county, Nebraska, were a part of the public domain of the Hnited States and subject to entry as a homestead under the act of congress, approved…
2Cases cited1 opinion
- Iler v. DarnellNebraska Supreme Court · 1876
3Cited by9 opinions
- Artman v. West Point Manufacturing Co.Nebraska Supreme Court · 1884
- Wunrath v. Peoples Furniture & Carpet Co.Nebraska Supreme Court · 1915
- Johnson v. ParrotteNebraska Supreme Court · 1892
- Skinner v. ReynickNebraska Supreme Court · 1880
- Eddy v. City of OmahaNebraska Supreme Court · 1904
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