National Life Insurance Co. of United State v. Robinson
Nebraska Supreme Court
Appeal from the district court for Lancaster county. The facts appear in the opinion. The whole claim of the defense goes to the legal capacity of the plaintiff to sue. 1. Under the code want of legal capacity to sue is one of the six grounds for demurrer, when appearing on the face of the pleading, and when not so appearing the objection must be taken by answer, otherwise it is waived.
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Appeal from the district court for Lancaster county. The facts appear in the opinion. The whole claim of the defense goes to the legal capacity of the plaintiff to sue. 1. Under the code want of legal capacity to sue is one of the six grounds for demurrer, when appearing on the face of the pleading, and when not so appearing the objection must be taken by answer, otherwise it is waived. Code of Civil Procedure, secs. 95, 96. In this case there was neither demurrer nor answer of that purport, hence the question was waived and the defendant was not in a position to raise it on the trial. She…
1Opinion of the CourtCobb, J.
This action is for the foreclosure of a mortgage executed by Andrew J. Cropsey and wife to the Republic Life Insurance Company, and by said company assigned to the plaintiff. The defendants other than Cropsey and wife are sued as subsequent lien holders upon the mortgaged premises, one only of them-Seth Robinson-answering. His answer, after first denying all knowledge or information as to the plaintiff’s cause of action, denies all the facts stated in the petition except as to his lien. Robinson’s death was'afterwards suggested, and the cause revived in the name of Jennie L. Robinson,…
2Cited by8 opinions
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- Dietrichs v. Lincoln & Northwestern R. R.Nebraska Supreme Court · 1882
- Clark v. CareyNebraska Supreme Court · 1894
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