Blair v. West Point Manufacturing Co.
Nebraska Supreme Court
Error to tbe district court for Cuming county. Tried below before "Valentine, J. Tbe facts necessary to an understanding of the points passed upon by the court appear in the opinion. 1. When the jurisdictions of the state and federal courts are concurrent, as here, the jurisdiction of the courts of that judicial system which first attaches is exclusive, and the decision of the court first obtaining possession of the cause is final and conclusive.
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Error to tbe district court for Cuming county. Tried below before "Valentine, J. Tbe facts necessary to an understanding of the points passed upon by the court appear in the opinion. 1. When the jurisdictions of the state and federal courts are concurrent, as here, the jurisdiction of the courts of that judicial system which first attaches is exclusive, and the decision of the court first obtaining possession of the cause is final and conclusive. It is believed that the decisions of both state and federal courts are agreed upon this proposition. 4 Am. Law Reg. (O. S.), 49. Sifford v. Beatty,…
1Opinion of the CourtMaxwell, J.
On the third day of May, 1877, the defendant in error filed a petition in the district court of Cuming county against the plaintiff in error, and one George W. Cress-man, alleging that they claimed some interest in lots 3 and 4 in block 4, in the town of West Point, and praying that the title might be quieted in the plaintiff. Summons was duly issued thereon, returnable on the fourteenth of May, requiring the defendant therein to answer on the fourth day of June, 1877. The sheriff appointed one Samuel Miller to serve the writ.
Miller made his return under oath, stating that he summoned the…
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