Legal Opinion

Kountze v. Erck

Nebraska Supreme Court

Decided June 18, 1895No. 7749PublishedCited by 8 opinions

Motion by plaintiff to vacate a bond given to supersede confirmation of sale and deficiency judgment rendered by the district court of Douglas county, and to quash the bill of exceptions. The case was heard below before Ambrose, J.

1Opinion of the CourtNorval, C. J.

An action was instituted in the court below by Herman Kountze against John H. Erck to foreclose a mortgage on certain real estate in the city of Omaha, executed by the defendant to the plaintiff to secure the payment of a promissory note calling for $7,775.62, with seven per cent interest thereon from date thereof until paid. Subse*289quently, and on the 30th day of December, 1893, the court found that there was due the plaintiff upon his note and mortgage the sum of §8,589.75, and that he was entitled to a foreclosure of the mortgage as prayed. Judgment and decree were entered in accordance with…

2Cases cited2 opinions

  1. State Bank v. GreenNebraska Supreme Court · 1879
  2. State Bank v. GreenNebraska Supreme Court · 1880

3Cited by8 opinions

  1. Bock v. Sauk Center Grocery Co.Supreme Court of Minnesota · 1907
  2. Armstrong v. MayerNebraska Supreme Court · 1903
  3. Carroll v. PolfusNebraska Supreme Court · 1915
  4. Exchange Bank v. Mid-Nebraska Computer Services, Inc.Nebraska Supreme Court · 1972
  5. Jenkins Land & Live Stock Co. v. AttwoodNebraska Supreme Court · 1908

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