Moore v. Kepner
Nebraska Supreme Court
Error to the district court of York county. Tried before Post, J. The facts of the case appear in the opinion. 1. The plea of non detinet admits the right of property in the plaintiff, and only puts in issue the detention by the defendant.
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Error to the district court of York county. Tried before Post, J. The facts of the case appear in the opinion. 1. The plea of non detinet admits the right of property in the plaintiff, and only puts in issue the detention by the defendant. Ingalls v. Bulldey, 15 111., 224. Wells v. McClemiing, 23 111., 358. Homan v. Ldboo, 1 Neb., 204. Bowie v. Biggs, 38 111., 320. Chandler v. Lvneoln, 52 111., 74. 1 Ohitty Pleadings, 488, 499. 2. The court erred in rendering judgment against Erancis Moore as principal, and John A. Eatherly as surety, and awarding execution on the same, when the said John A.…
1Opinion of the CourtMaxwell, J.
The plaintiff, Moore, brought an action of replevin against the defendant in the county court of York county for the recovery of a yoke of oxen. On appeal to the district court the defendant filed the following answer to the petition:
“And the said George L. Kepner, defendant, now comes and for answer to the petition of the said plaintiff says that he does not unlawfully detain the said goods and chattels of the said plaintiff, and of this he puts himself upon the country.”
The court held that the answer put in issue the palintiff’s right of property and right of possfession. This is assigned…
2Cases cited5 opinions
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