Anderson v. Imhoff
Nebraska Supreme Court
Appeal from the district court for Lancaster county. Heard below before Field, J. New matter must be specifically pleaded in the reply as in the answer. (Kimberling v. Hall, 10 Ind., 407; Hatch v. Coddington, 32 Minn., 92; Bliss, Code Pleading, sec. 211; Ockenden v, Barnes, 43 la., 619.) It is not the province of a reply to introduce new causes of action. (Hastings Sch.
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Appeal from the district court for Lancaster county. Heard below before Field, J. New matter must be specifically pleaded in the reply as in the answer. (Kimberling v. Hall, 10 Ind., 407; Hatch v. Coddington, 32 Minn., 92; Bliss, Code Pleading, sec. 211; Ockenden v, Barnes, 43 la., 619.) It is not the province of a reply to introduce new causes of action. (Hastings Sch. Dist. v. Caldwell, 16 Neb., 70; Maxwell, PI. & Pr., 155; Durbin v. Fisk, 16 O. St., 534; 1 Nash, PI. & Pr., 265; Hudson v. McCartney, 33 Wis., 346.) The fact that memoranda are not made contemporaneously with the event, is…
1Opinion of the Court
Maxwell, Ch. J.
This is an action for extra work performed on a building, for which the plaintiff claims he is entitled to recover the *337sum of $715.38. On the trial of the cause judgment was rendered in his favor for the sum of $434.28. The first errors assigned relate to the pleadings, hence it is necessary to set them out. The petition is as follows:
“ Comes now the plaintiff and for his cause of action alleges and says:
“ First — That on or about — day of-, 1889, he entered into a contract in writing with said Joseph J. Imhoff, whereby the said plaintiff was to furnish all the material and…
2Cases cited7 opinions
- Emerson v. UdallSupreme Court of Vermont · 1841
- Sisk v. GareyCourt of Appeals of Maryland · 1867
- Hyeronimus v. AllisonSupreme Court of Missouri · 1873
- Fluharty v. BeattyWest Virginia Supreme Court · 1883
- Mercer v. HarrisNebraska Supreme Court · 1875
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3Cited by6 opinions
- Davis v. StateNebraska Supreme Court · 1897
- Penner Installation Corporation v. United StatesUnited States Court of Claims · 1950
- Tobin Quarries, Inc. v. Central Nebraska Public Power & Irrigation Dist.District Court, D. Nebraska · 1946
- Keifer & Keifer v. Reconstruction Finance Corp.Court of Appeals for the Eighth Circuit · 1938
- Moran v. WilsonIndiana Court of Appeals · 1922
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