Legal Opinion

State ex rel. Emerson v. Dickinson

Nebraska Supreme Court

Decided March 7, 1900No. 10,965PublishedCited by 6 opinions

Original application for mandamus. Joel W. West, for relator, argued that the relator was entitled to the writ, citing: Moses, Mandamus, pp. 41, 51; High, Extraordinary Legal Remedies, par. 235, 236. As to the question of appearance conferring jurisdiction: Porter v. Chicago & N. W. R. Co., 1 Nebr., 14; Cropsey v. Wiggenhorn, 3 Nebr., 108; Crowell v. Galloway, 3 Nebr., 215; Ililton v. Bachman, 24 Nebr., 505; BucJclin v. Stickler, 32 Nebr., 002; HurTburt v. Palmer, 39 Nebr.,…

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Original application for mandamus. Joel W. West, for relator, argued that the relator was entitled to the writ, citing: Moses, Mandamus, pp. 41, 51; High, Extraordinary Legal Remedies, par. 235, 236. As to the question of appearance conferring jurisdiction: Porter v. Chicago & N. W. R. Co., 1 Nebr., 14; Cropsey v. Wiggenhorn, 3 Nebr., 108; Crowell v. Galloway, 3 Nebr., 215; Ililton v. Bachman, 24 Nebr., 505; BucJclin v. Stickler, 32 Nebr., 002; HurTburt v. Palmer, 39 Nebr., 158; South Omaha Nat. Bank v. Farmers & Merchants Nat. Bank, 45 Nebr., 29. Counsel for respondent say that, if the court…

1Opinion of the CourtSullivan, J.

This is an application for a mandamus to compel the respondent, one of the judges of the fourth judicial district, to render judgment favorable to the relator on special findings made in the case of Emerson v. Stimmel et al. pending in the district court of Douglas county.

The facts which form the.basis of our decision are as follows: Frank T. Emerson and Phil Stimmel were the sole members of a mercantile partnership which was found to be insolvent in January, 1894. The Omaha National Bank and Montgomery, Charlton & Hall had recovered judgments against Mr. Stimmel and had caused executions to…

2Cases cited1 opinion

  1. Truesdell v. . SarlesNew York Court of Appeals · 1887

3Cited by6 opinions

  1. Banking House of A. Castetter v. DukesNebraska Supreme Court · 1903
  2. Petersen v. DethlefsNebraska Supreme Court · 1941
  3. Agnew v. MontgomeryNebraska Supreme Court · 1904
  4. Rigg v. Atlantic, Pacific & Gulf Oil Co.Nebraska Supreme Court · 1935
  5. Ruehle v. RuehleNebraska Supreme Court · 1956

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