Jameson v. Butler
Nebraska Supreme Court
This action was commenced in the District Court for Douglas county, by John A. Jameson against David Butler, Thomas P. Kemiard, H. G. Worthington and St. A. D. Balcornb, to recover $1,500 for a written opinion given by the plaintiff to the defendants, upon a legal and constitutional question, submitted to him by them.
Read the full summary
This action was commenced in the District Court for Douglas county, by John A. Jameson against David Butler, Thomas P. Kemiard, H. G. Worthington and St. A. D. Balcornb, to recover $1,500 for a written opinion given by the plaintiff to the defendants, upon a legal and constitutional question, submitted to him by them. The request was given in a writtten communication addressed by the defendants to the plaintiff, in these words ; “As the power of the governor in his proclamation, convening an extra session of the legislature of Nebraska, under section twelve of article two (2) of the…
1Opinion of the Court
•Mason, Ch. J.
This petition alleges several errors on account of which it claims a reversal of the judgment of the District Court.. ■ I. The affidavit for the continuance of a cause to procure' the evidence of a co-defendant, should state the testimony ■vvhich the affiant expects to be given by the absent party. If it does not do so, it is fatally defective. It is not enough to set forth, in terms however positive, the legal conclusion , which the party may draw from the testimony to be given ; this is for the court,'and not for him to do.
This affidavit does not state any fact which…
2Cases cited1 opinion
- Woods v. YoungSupreme Court of the United States · 1808
3Cited by2 opinions
- Strong v. StateNebraska Supreme Court · 1921
- Singer Manufacturing Co. v. McAllister Bros.Nebraska Supreme Court · 1887