Nagle v. First National Bank
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below,before Duffie, J. The opinion contains a statement of the case.
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Error from the district court of Douglas county. Tried below,before Duffie, J. The opinion contains a statement of the case. References: Rudolf v. McDonald, 6 Neb. 166; Ward v. Howard, 12 O. St. 158^ Till on v. Oofield, 93 U. S. 163; Waples, Attachment 145; Drake, Attachment 282; Felton v. Wadsworth, 7 Cush. [Mass.] 588; Peirce v. Partridge, 3 Met. [Mass.] 44; Fairfield v. Baldwin, 12 Pick. [Mass.] 388. , . Plaintiffs in error changed their cause of action from one for goods sold to one for money loaned, which was not an amendment, but was the substitution of a new cause of action, so their…
1Opinion of the Court
Irvine, C.
Prior to March 15, 1892, R. R. Grotte was engaged in the liqnor business in Omaha. He became indebted to the firm of Nagle & Brecher, who, on the date mentioned, instituted an action against him, aided by proceedings in attachment. The proceedings were begun under telegraphic instructions from Nagle & Brecher to attorneys in Omaha, and the petition filed was for goods sold and delivered. As a matter of fact the claim was for money lent, and some time after the institution of the proceedings and the levying of the writ of attachment upon Grotte’s stock the petition'was amended so as…
2Cases cited9 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Whitney v. BrunetteWisconsin Supreme Court · 1862
- A. C. Rudolf & Co. v. R. L. McDonald & Co.Nebraska Supreme Court · 1877
- Horkey v. KendallNebraska Supreme Court · 1898
- Freeman v. CreechMassachusetts Supreme Judicial Court · 1873
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