Kyner v. Upstill
Nebraska Supreme Court
Error to the district court for Brown county. Tried below before Kinkaid, J. cited: Gould, Waters, sec. 610, and cases; Smith v. Wadditt, 11 Leigh [Ya.], 532. cited: Seeley v. Bridges, 13 Neb., 547; Nosser v. Seeley, 10 Id., 460; Stumbo v. Seeley, 23 Id., 212; Washburn, R. P. [4’th Ed.], 350.
1Opinion of the Court
Cobb, Ch. J.
This proceeding is brought on error from the district court of Brown county. The plaintiff in error made his application for the writ of ad quod damnum under the provisions of section 14 of the act entitled “Mills and mill-dams.” The writ was issued, the jury selected and summoned. The original petition and application appear to have been lost from the files of the court below, but attached to the record, and not within the certification of the clerk, there is a substituted petition alleging that the plaintiff is the owner of the west half of the southwest quarter of section 30,…
2Cited by3 opinions
- Lucas v. Ashland Light, Mill & Power Co.Nebraska Supreme Court · 1912
- O'Conner v. FieldsNebraska Supreme Court · 1907
- Newcomb v. RoyceNebraska Supreme Court · 1894