Dale v. Hunneman
Nebraska Supreme Court
Error to the district court for Platte county. Tried below, before Post, J. The opinion states the facts of the case. cited Story’s Equity, Sec. 761. Edwards v. Fry, 9 Kan., 422. Holcomb v. Dowell, 15 Kan., 882. Kirk v. Hamilton, 102 U. S., 68. General denial was. sufficient to admit evidence offered, 2 Nash.
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Error to the district court for Platte county. Tried below, before Post, J. The opinion states the facts of the case. cited Story’s Equity, Sec. 761. Edwards v. Fry, 9 Kan., 422. Holcomb v. Dowell, 15 Kan., 882. Kirk v. Hamilton, 102 U. S., 68. General denial was. sufficient to admit evidence offered, 2 Nash. PI. & Pr.,_ 1209, 1210. Wintermute v. Montgomery, 11 Ohio State, 442. Crary v. Goodman, 12 N. Y., 266. Richardson v. Steele, 9 Neb., 488. Evidence, if received, would have shown title that would clearly have brought plaintiff in. error within the occupying claimants act. Lémert v.,…
1Opinion of the Court
Maxwell, Ch. J.
This is an action of ejectment, the defense being a general denial. Judgment in the court below was rendered in favor of Hunneman, who had been bjr order of court substituted as plaintiff in lieu of Doddridge, the original plaintiff. The errors assigned will be considered in their ■ order.
First. Objection is made to the admission of the deposition of W- B. Doddridge, upon the ground that it was taken in violation of an agreement, etc. The agreement was denied, and it is very clear that no advantage was taken of the plaintiff in taking the deposition, and it is proper evidence,…
2Cases cited3 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Dewey v. HoagNew York Supreme Court · 1853
3Cited by17 opinions
- O'Donohue v. HendrixNebraska Supreme Court · 1882
- Staley v. HouselNebraska Supreme Court · 1892
- Oldig v. FiskNebraska Supreme Court · 1897
- Citizens State Bank v. WordenNebraska Supreme Court · 1914
- Wells v. SteckelbergNebraska Supreme Court · 1897
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