Legal Opinion

Dorrington v. Meyer

Nebraska Supreme Court

Decided January 15, 1879PublishedCited by 10 opinions

Error from the district court of Richardson county. The opinion states the case. 1. A party is required to make out a case by his pleadings, and not leave it to .conjecture or inference. And where the language of a pleading is doubtful in its meaning, the most unfavorable construction must be adopted against tbe pleader, as he is presumed to state his case most strongly in his own favor.

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Error from the district court of Richardson county. The opinion states the case. 1. A party is required to make out a case by his pleadings, and not leave it to .conjecture or inference. And where the language of a pleading is doubtful in its meaning, the most unfavorable construction must be adopted against tbe pleader, as he is presumed to state his case most strongly in his own favor. Lemon v. Stevenson, 86 111., 49. Spear v. Downing, 34 Barb., 522. 1 Chitty Plead., 256, 674. There can be no presumption that facts were given in evidence which were not admissible under the pleadings.…

1Opinion of the Court

Maxwell, Oh. J.

On the fifteenth day of December, 1877, the defendants in error commenced an action in the district court *213of Richardson county to recover the sum of six hundred and eighteen dollars and seventy-six cents, upon a replevin bond given in 1872 by one Roy as principal, and the plaintiffs in error as sureties. Dorrington, one of the sureties, demurred to the petition upon the ground that the facts stated therein did not constitute a cause of action against him. The demurrer was overruled, to which he excepted. The plaintiffs in the court below then asked and obtained leave of the…

2Cases cited2 opinions

  1. Cropsey v. WiggenhornNebraska Supreme Court · 1873
  2. Johnson v. JonesNebraska Supreme Court · 1873

3Cited by10 opinions

  1. In Re Interest of LDNebraska Supreme Court · 1986
  2. Northup v. BathrickNebraska Supreme Court · 1907
  3. Lee v. Hastings & McGintieNebraska Supreme Court · 1882
  4. In Re Adoption of HiattNebraska Supreme Court · 1954
  5. Field v. LumbardNebraska Supreme Court · 1898

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