Eaton v. Carruth
Nebraska Supreme Court
Error from the district court for Cass county. Tried below before Pound, J. Instruction No. 2 (recited in the opinion) takes from the jury the right to find whether there had been a delivery of the property to the plaintiff. . Meredith v. Kennard, 1 Neb., 319. Meyer v. M. P. P. P. Co., 2 id., 338. Billings v. McCoy, 5 id., 191. Hail Ins.
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Error from the district court for Cass county. Tried below before Pound, J. Instruction No. 2 (recited in the opinion) takes from the jury the right to find whether there had been a delivery of the property to the plaintiff. . Meredith v. Kennard, 1 Neb., 319. Meyer v. M. P. P. P. Co., 2 id., 338. Billings v. McCoy, 5 id., 191. Hail Ins. Co. v. Wilde, 8 id., 431. Gillet v. Corum, 5 Nans., 612. Price v. Mahony, 24 la., 582. Olive v. State, ante p. 1. stating that there being evidence to show that plaintiff exercised no acts of ownership over 'the building, and that the conveyance was void as…
1Opinion of the Court
Maxwell, Ch. J.
Before proceeding to the consideration of this case I will call attention to the condition of the record. First in order is the petition and precipe, filed April 20,1878. Second, a copy of the summons dated April 20, 1878. Third, an amended petition filed May 24, 1878. Fourth, a demurrer to the amended petition, filed November 11, 1878. Fifth, a motion to strike the demurrer from the files, upon which there was no ruling of the court. Sixth, a demurrer to the petition, upon which there was no ruling. Seventh, an answer filed April 23,1879. Eighth, a demurrer to the answer filed…
2Cases cited1 opinion
- Ray v. MasonNebraska Supreme Court · 1877
3Cited by2 opinions
- State v. BartleyNebraska Supreme Court · 1898
- Blumer v. BennettNebraska Supreme Court · 1895