State v. Omaha National Bank
Nebraska Supreme Court
Error from tlie district court of Douglas county. Tried below before Baker, J. The facts are stated in the opinion. Before final submission plaintiff moved to dismiss the case without prejudice, and its motion should have been sustained.
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Error from tlie district court of Douglas county. Tried below before Baker, J. The facts are stated in the opinion. Before final submission plaintiff moved to dismiss the case without prejudice, and its motion should have been sustained. See Code of Civil Procedure, sec. 430; Zittle v. Schlesiuger, 46 Nebr., 844; Lawrence v. Schreve, 26 Mo., 492; Wood v. Nortman, 85 Mo., 298; Harris v. Beam, 46 la., 118; Mullen v. Peck, 57 la., 430; Morrisey v. Chicago & N. W. R. Co., 80 la., 314; Vertrees v. Newport Netos Co., 95 Ky., 314. The peremptory instruction to the jury to return a verdict for…
1Opinion of the CourtSullivan, J.
The state of Nebraska brought this action in the district court of Douglas county to recover from the Omaha *487National Bank and J. H. Millard, its president, the snm of $201,884.05. The basis of the claim was an alleged conversion by the defendants of certain money belonging to the plaintiff. A jury, impaneled to try the issues, found, in obedience to a peremptory direction from the court, that the state had no cause of action. A motion for a new trial was denied, and, judgment having been rendered on the verdict, the attorney general, by this proceeding in error, has brought the record here…
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