Legal Opinion

Taylor v. Coots

Nebraska Supreme Court

Decided May 6, 1891PublishedCited by 13 opinions

Appeal from the district' court for Douglas county. Heard below before Clarkson, J. as to jurisdiction: Atkins v. Atkins, 9 Neb., 192; Loney v. Courtnay, 24 Id., 582; Forbes v. Hyde, 31 Cal., 342; Fouts v. Mann, 15 Neb., 177; Claypolle v. Houston, 12 Kan., 324; Harvey v. Tyler, 2 Wall. [U. S.], 332; Morse v. Presby, 25 N. H., 302; Furgeson v. Jones, 17 Ore., 204; Bland v. Fleeman, 29 Fed. Eep., 669; Gapinv.

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Appeal from the district' court for Douglas county. Heard below before Clarkson, J. as to jurisdiction: Atkins v. Atkins, 9 Neb., 192; Loney v. Courtnay, 24 Id., 582; Forbes v. Hyde, 31 Cal., 342; Fouts v. Mann, 15 Neb., 177; Claypolle v. Houston, 12 Kan., 324; Harvey v. Tyler, 2 Wall. [U. S.], 332; Morse v. Presby, 25 N. H., 302; Furgeson v. Jones, 17 Ore., 204; Bland v. Fleeman, 29 Fed. Eep., 669; Gapinv. Page, 18 Wall. [U. &], 370. The judgment of a court of general jurisdiction cannot be challenged collaterally. (McCahill v. Ins. Co., 26 N. J. Eq., 531; Sargeant v. Bank, 12 How. [U. S.],…

1Opinion of the CourtMaxwell, J.

A demurrer to the amended petition was sustained in the court below and the action dismissed. The amended petition was‘as follows :

“That prior to the 11th day of April, 1857, the late Richard J. Taylor was owner in fee simple of lot 7, in block 181, in the city of Omaha, Douglas county, Nebraska; that the said plaintiff was the wife of the said Richard J. Taylor, who died on or about the--day of February, 1888, and that he left no will nor bequest to any person; that said property was inherited by his heirs, who are the children of this plaintiff and the said Richard J. Taylor, and that said…

2Cases cited2 opinions

  1. Trumble v. WilliamsNebraska Supreme Court · 1885
  2. Day v. ThompsonNebraska Supreme Court · 1881

3Cited by13 opinions

  1. Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
  2. Scarborough v. MyrickNebraska Supreme Court · 1896
  3. Bassett v. BassettDistrict Court of Appeal of Florida · 1985
  4. Stenberg v. StateNebraska Supreme Court · 1896
  5. Brenholts v. MillerSupreme Court of Kansas · 1909

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