Holmes v. Boydston
Nebraska Supreme Court
This action was originally brought in the District Court for Otoe county, by Arba Holmes, against Boydston and Heth, defendants, upon a contract entered into by the parties, whereby Holmes, Gould & Co., agreed to furnish the material and put up the machinery in a mill for defendants, for the sum of five thousand five hundred dollars. To the petition of the plaintiffs the defendants filed an answer. While the cause was in this situation depositions of witnesses were taken.
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This action was originally brought in the District Court for Otoe county, by Arba Holmes, against Boydston and Heth, defendants, upon a contract entered into by the parties, whereby Holmes, Gould & Co., agreed to furnish the material and put up the machinery in a mill for defendants, for the sum of five thousand five hundred dollars. To the petition of the plaintiffs the defendants filed an answer. While the cause was in this situation depositions of witnesses were taken. On the 23d of September, 1869, the defendants moved the court for an “order requiring Delos N. Gould and Edward Powell,…
1Opinion of the CourtCrounse, J.
On the trial of this cause in the District Court several exceptions were taken to the allowance and rejection of testimony, as well as to the charge of the judge; the more important of which will be noticed.
The action was originally begun by Arba Holmes as sole plaintiff. Subsequently, by an order of the court, Gould and Powell, his former partners, were joined with him. Exception was taken to the reading of certain depositions taken in the cause prior to this amendment as to parties. The testimony ta,ken in the depositions related to the value, in Chicago, of certain burr millstones, and was…
2Cases cited4 opinions
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Storey v. . BrennanNew York Court of Appeals · 1857
- Bartlett v. CampbellNew York Supreme Court · 1828
- Gale & Wisner v. WellsNew York Supreme Court · 1851
3Cited by3 opinions
- Union Pacific Railway v. OgilvyNebraska Supreme Court · 1886
- Salmer v. LathropSouth Dakota Supreme Court · 1897
- Denver, T. & G. R. v. Hutchins & HyattNebraska Supreme Court · 1891