Hoagland v. Way
Nebraska Supreme Court
Error to the district court for Franklin county. Tried below before Gaslin, J. The trial court was without authority to change the decree at a subsequent term by petition filed after stay of execution had been entered. (Miller v. Hyers, 11 Neb., 474; Sullivan v. Clark, 12 Id., 578; Banks v. Hitchcock, 20 Id., 315.)
1Opinion of the CourtNorval, J.
The facts are undisputed, and briefly stated are these: W. B. Mendenhall, one of the defendants in error, brought his action in the district court of Franklin county against George A. Way and Lydia J. Way, to foreclose a mortgage executed by them, and covering the south half of the southeast quarter of section 25, in township 2 north, range 15 west; also lots 9 and 10 in block 1 of the Academy addition to the village of Franklin. To the suit, plaintiff in error, George A. Hoagland, and the Security State Bank,, N A. Smith, and Franklin County Lumber Company were' made defendants. The Security…
2Cases cited4 opinions
- Garrison v. PeopleNebraska Supreme Court · 1877
- Sullivan Savings Institution v. ClarkNebraska Supreme Court · 1882
- Banks v. HitchcockNebraska Supreme Court · 1886
- Miller v. HyersNebraska Supreme Court · 1881
3Cited by7 opinions
- Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904
- Wachsmuth v. Orient InsuranceNebraska Supreme Court · 1896
- School District Number One v. BishopNebraska Supreme Court · 1896
- Andresen v. Lederer & StraussNebraska Supreme Court · 1897
- Phelps v. WolffNebraska Supreme Court · 1905
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