Eaton v. Hasty
Nebraska Supreme Court
Error from the district court of Cass county. The cause came to this court in 1868, the judgment below being reversed, and cause remanded for a new trial. It is reported 1 Neb., 339. Maxwell’s Digest, 395. The cause was again tried before Lake, Oh.
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Error from the district court of Cass county. The cause came to this court in 1868, the judgment below being reversed, and cause remanded for a new trial. It is reported 1 Neb., 339. Maxwell’s Digest, 395. The cause was again tried before Lake, Oh. J., and resulting in a verdict in favor of Hasty, Eaton, the defendant below, brought the case up by petition in error in 1872. Judge Lake having sat in the court below, and Judge Maxwell having been of counsel, the cause was continued from term to term until, by agreement of the parties, it was submitted at the present term. Defendant in error…
1Opinion of the CourtGantt, J.
It appears by the pleadings in this case that the plaintiff and defendant were in the year 1847 partners in the mercantile business, and that on the twenty-eighth of June of that year, Lambert & Edmunds recovered against them as joint debtors, a judgment in the court of common pleas of Lucas county, state of Ohio. Partial payments were made on this judgment; and on the ninth of. November, 1863, an ordinary motion was filed in that court to revive this judgment. The defendant in error, who was plaintiff in the court below, sets tip in his petition what purports to be the finding and judgment…
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