Richardson v. Opelt
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Holmes, J. cited- on separation of causes of action: Schuyler Nat. Banlc v. Bollong, 24 Nebr., 821. The pendency of a suit in a court having jurisdiction of the subject-matter and of the parties is a bar, during such pendency, to the commencement or maintenance of another suit between the parties to such prior action, or their assigns, to a second suit in relation to the same subject-matter.
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Appeal from the district court of Lancaster county. Heard below before Holmes, J. cited- on separation of causes of action: Schuyler Nat. Banlc v. Bollong, 24 Nebr., 821. The pendency of a suit in a court having jurisdiction of the subject-matter and of the parties is a bar, during such pendency, to the commencement or maintenance of another suit between the parties to such prior action, or their assigns, to a second suit in relation to the same subject-matter. If the rights of any party be transferred to a third party pending such litigation, the assignee becomes the privy of his assignor…
1Opinion of the CourtHolcomb, J.
The plaintiff, appellee, began an equitable action in the lower court, the object and purpose of which were to foreclose a chattel mortgage executed by appellant, Jennie Opelt, upon a varied assortment of hotel furniture used in the Hotel Windsor, in the city of Lincoln, and which mortgage was given to secure several promissory notes, aggregating the principal sum of $2,400. The petition alleged, in substance, the making of the said notes, and the mortgage to secure the same, and that said notes, were given to ope F. G. Richardson and indorsed to Clara M. Richardson, and by her indorsed to…
2Cases cited2 opinions
- The Haytian RepublicSupreme Court of the United States · 1894
- Stark v. StarrSupreme Court of the United States · 1877
3Cited by7 opinions
- Larsen v. First BankNebraska Supreme Court · 1994
- National Bank of Commerce Trust & Savings Ass'n v. ShullNebraska Supreme Court · 1976
- Agnew v. MontgomeryNebraska Supreme Court · 1904
- Kash v. McDERMOTT & MILLER, PCNebraska Supreme Court · 1985
- Stearns v. Nebraska Building & Investment Co.Nebraska Supreme Court · 1923
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