Hoagland v. Van Etten
Nebraska Supreme Court
Motion for rehearing of case reported 22 Neb., 681. Bliss Code Pleading, Sec. 51. 1 Nash Pleading, 38. Maxwell Pi. and Pr., 22, and cases cited.
1Opinion of the CourtMaxwell, J.
The plaintiff has filed a motion for rehearing, upon the ground, first, that the plaintiff can maintain the action upon the claims assigned to him, although he is not the actual owner thereof, but merely holds the legal title ; and it is claimed that if thte assignment should be held to be void, the mechanic’s lien would thereby be divested and such claims lost. It is alleged that section 29 of the code is complied with if the plaintiff has a mere naked assignment of the claim, although he is not the. party beneficially interested. To ■ this we cannot give our assent. At com*463mon law an action…
2Cases cited4 opinions
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Brownson v. GiffordNew York Supreme Court · 1852
- Grinnell, Minturn & Co. v. SchmidtThe Superior Court of New York City · 1850
- Hollenbeck v. Van ValkenburghNew York Supreme Court · 1850
3Cited by18 opinions
- Moore v. WatermanNebraska Supreme Court · 1894
- Drainage District No. 1 v. Kirkpatrick-Pettis Co.Nebraska Supreme Court · 1941
- Stinchcomb v. PattesonSupreme Court of Oklahoma · 1917
- Stewart v. PriceSupreme Court of Kansas · 1902
- Archer v. MusickNebraska Supreme Court · 1947
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