Dorsey v. Hall
Nebraska Supreme Court
This case came up from Cuming county. Heard there upon a demurrer to the petition before Yalentine, J.; demurrer sustained and cause dismissed. Plaintiff appeals. I, Paragraph 10 in plaintiff’s petition was improperly struck out, for the facts stated therein are essential to the plaintiff’s title to entitle him to maintain his action and obtain relief.
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This case came up from Cuming county. Heard there upon a demurrer to the petition before Yalentine, J.; demurrer sustained and cause dismissed. Plaintiff appeals. I, Paragraph 10 in plaintiff’s petition was improperly struck out, for the facts stated therein are essential to the plaintiff’s title to entitle him to maintain his action and obtain relief. No facts are properly in issue unless charged in the petition, and no relief can be granted for matters not charged therein, although they may be apparent in other parts thereof. Such statement of facts is necessary to apprise the defendant…
1Opinion of the Court
' Maxwell, Ch. J.
On the first day of May, 1877j the plaintiff commenced an action in the district court of Cuming county to foreclose a certain mortgage executed by Robert Hall, Kate H. Hall, his wife, and David H. Winyall and Lina D. Winyall, his wife, to Thomas Wilson, on the fourth day of October, 1875, upon the north-west quarter of section fourteen, in township twenty-three, range five east; and also upon parts of lots 13, 14, 15, 16, and 17, in block thirty, in the city of West Point, to secure the payment of the sum of $1,950, according to the tenor of three promissory notes…
2Cases cited5 opinions
- Sutphen v. FowlerNew York Court of Chancery · 1841
- Uhl v. MayNebraska Supreme Court · 1876
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
- Filley v. DuncanNebraska Supreme Court · 1871
- Swartwout v. BurrNew York Supreme Court · 1847
3Cited by15 opinions
- Buford v. DahlkeNebraska Supreme Court · 1954
- Mackiewicz v. J.J. & AssociatesNebraska Supreme Court · 1994
- Roberts v. RobinsonNebraska Supreme Court · 1896
- Hendrix v. BarkerNebraska Supreme Court · 1896
- McHugh v. SmileyNebraska Supreme Court · 1885
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