Omaha Southern Railway Co. v. Todd
Nebraska Supreme Court
Error from the district court of Otoe county. Tried below before Hall, J. The facts are stated in the opinion. One of the parties to a suit cannot appeal in his own behalf and ignore his associates. (Wolf v. Murphy, 21 Neb., 472; Hendrickson v. Sullivan, 28 Neb., 790; Curten v. Atkinson, 29 Neb., 612.) The change of venue granted was an abuse of discretion prejudicial to the rights of plaintiff in error.
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Error from the district court of Otoe county. Tried below before Hall, J. The facts are stated in the opinion. One of the parties to a suit cannot appeal in his own behalf and ignore his associates. (Wolf v. Murphy, 21 Neb., 472; Hendrickson v. Sullivan, 28 Neb., 790; Curten v. Atkinson, 29 Neb., 612.) The change of venue granted was an abuse of discretion prejudicial to the rights of plaintiff in error. (Hudson v. Hanson, 75 111., 198; Moss v. Johnson, 22 III., 640; Kelly v. Downs, 29 111., 74; Northeastern N. R. Co. v. Frazier, 25 Neb., 42.) The court erred in refusing to strike out the…
1Opinion of the Court
Ragan, C.
The Omaha Southern Railway Company, by proceedings duly instituted for that purpose in the county court of Cass county, condemned a right of way across the farm of Levi G. Todd. From the award of damages made to him by the commissioners appointed in said condemnation proceedings Todd appealed to the district court of Cass county. On application of Todd that court granted a change of venue in the case and it was tried in the district court of Otoe county, where Todd recovered a judgment against the railway company for a greater sum than that awarded him by the commissioners in the…
2Cases cited6 opinions
- St. Louis & Southeastern Railway Co. v. TetersIllinois Supreme Court · 1873
- Grand Rapids & Indiana Railroad v. HornIndiana Supreme Court · 1873
- Chicago, Kansas & Nebraska R. R. v. WiebeNebraska Supreme Court · 1889
- Dietrichs v. Lincoln & Northwestern RailroadNebraska Supreme Court · 1881
- Northeastern Nebraska Railroad v. FrazierNebraska Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gledhill v. StateNebraska Supreme Court · 1932
- St. Louis, El Reno & Western Railway Co. v. OliverSupreme Court of Oklahoma · 1906
- Grays Harbor Boom Co. v. LownsdaleWashington Supreme Court · 1909
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
24 more not listed; retrieve them via the Exa API.