Rowland v. Shephard
Nebraska Supreme Court
Error to the district court for Sheridan county. Tried below before Kinkaid, J. The overruling of the motion for continuance by the county court was an abuse of discretion, which is sufficient ground for a new trial. [Ingalls v. Noble, 14 Neb., 272; Singer Mfg. Co. v. MoAllister, 22 Id., 362.) The affidavit was sufficient, because it stated the evidence intended under the rule in Jamesonv. Butler, 1 Neb., 118; Williamsv.
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Error to the district court for Sheridan county. Tried below before Kinkaid, J. The overruling of the motion for continuance by the county court was an abuse of discretion, which is sufficient ground for a new trial. [Ingalls v. Noble, 14 Neb., 272; Singer Mfg. Co. v. MoAllister, 22 Id., 362.) The affidavit was sufficient, because it stated the evidence intended under the rule in Jamesonv. Butler, 1 Neb., 118; Williamsv. State, 6 Id., 338; Johnson v. Dinsmore, 11 Id., 393; also because it is specific, and an indictment for perjury will lie if the facts stated are not true. (Ingalls v. Noble,…
1Opinion of the Court
Reese, Ch. J.
This action was instituted before the county judge of Sheridan county by defendant in error against “Charles C. Collins and Henry Rowland, in business under the firm name of Collins & Rowland.” The action was for the re*496covery of the sum of $138.51, which was alleged to be due defendant in error from Collins & Rowland for labor, hauling lumber, etc. The summons was issued returnable on the 13th day of August, 1887, and was returned “served upon Henry Rowland by delivering to him a certified copy of the summons with all the indorsements thereon, C. C. Collins not being found in the…
2Cases cited1 opinion
- Newman v. StateNebraska Supreme Court · 1887
3Cited by6 opinions
- Hanna v. Emerson, Talcott & Co.Nebraska Supreme Court · 1895
- Roggenkamp v. HargreavesNebraska Supreme Court · 1894
- McDonnell v. WasenmillerCourt of Appeals for the Eighth Circuit · 1934
- Broatch v. MooreNebraska Supreme Court · 1895
- Kent v. FavorNew Mexico Supreme Court · 1885
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