Bishop v. Stevens
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. Under a general denial, any evidence which tends to' disprove a fact necessary to recovery, under the cause of action set forth, should be received. (Broadwater v. Jacoby, 19 Neb., 79; Howard v. Hayward, 82 Mass., 356; Sohermerhot'n v. Van Allen, 18 Barb. [N. Y.], 31; Wheeler v. Billings, 38 N. Y., 264; Miller v. Ins. Co., 1 Abb.
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Error to the district court for Douglas county. Tried below before Doane, J. Under a general denial, any evidence which tends to' disprove a fact necessary to recovery, under the cause of action set forth, should be received. (Broadwater v. Jacoby, 19 Neb., 79; Howard v. Hayward, 82 Mass., 356; Sohermerhot'n v. Van Allen, 18 Barb. [N. Y.], 31; Wheeler v. Billings, 38 N. Y., 264; Miller v. Ins. Co., 1 Abb. N. C. [N. Y.], 476; Boomer v. Koon, 6 Hun [N. Y.], 645; Schwarz v. Oppold, 74 N. Y., 307; Gilbert v. Cram, 12 How. Pr. [N. Y.], 455 ; Goddard v. Fulton, 21 Cal., 436). The court erred in…
1Per curiam
This action was brought in the county court of Douglas county by the defendants in error against the plaintiff in error to recover for services alleged to have been rendered to the plaintiff in error as real estate agents in effecting sales of a large amount of real estate, descriptions of which are set out in the petition.
The answer of the defendant was a general denial.
On the trial of the cause in the county court judgment was rendered in favor of the defendants in error. The plaintiff in error then appealed to the district court, where substantially the same petition and the same answer…
2Cases cited7 opinions
- Piercy v. SabinCalifornia Supreme Court · 1858
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- O'Leary v. IskeyNebraska Supreme Court · 1881
- Allen v. SaundersNebraska Supreme Court · 1877
- Walton v. MinturnCalifornia Supreme Court · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Shierman v. SheaNebraska Supreme Court · 1935
- Western Cornice & Manufacturing Works v. MeyerNebraska Supreme Court · 1898
- Baxter v. MaccabeesNebraska Supreme Court · 1932
- Sturgeon v. WilsonNebraska Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.