Muller v. Plue
Nebraska Supreme Court
Error from tbe district court of Lincoln county. Tried below before Neville, J. The opinion contains a statement of the case. The record was insufficient to show a judgment. (Gapen v. Bretternitz, 31 Neb., 304; Miller v. Burlington & M. B. B. Co., 7 Neb., 227.) In cases before inferior courts the record must show that the court had jurisdiction.
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Error from tbe district court of Lincoln county. Tried below before Neville, J. The opinion contains a statement of the case. The record was insufficient to show a judgment. (Gapen v. Bretternitz, 31 Neb., 304; Miller v. Burlington & M. B. B. Co., 7 Neb., 227.) In cases before inferior courts the record must show that the court had jurisdiction. (State v. Berry, 12 Ia., 60; Goodrich v. Brown, 30 Ia., 291; McCurdy v. Baughman, 1 N. E. Rep. [O.], 93; Hargis v. Morse, 7 Kan., 415.) Where defendant does not appear the record must show a legal service, or the judgment will be void. (Bepine v.…
1Opinion of the CourtNorval, C. J.
This was a suit in replevin brought by the plaintiff in error in the county court of Lincoln county for the recovery of the possession of six head of cattie. From a' judgment in favor of the defendants the plaintiff prosecuted an appeal to the district court, where, upon a trial to the court, judgment again went against him.
A reversal is sought on the ground that the findings and judgment are contrary to law and the evidence in the case. There is no controversy as to the facts. It was stipulated upon the trial that at the commencement of the action plaintiff was the owner of the cattle in…
2Cases cited10 opinions
- LeRoy v. East Saginaw City RailwayMichigan Supreme Court · 1869
- White v. JonesIllinois Supreme Court · 1865
- Repine v. McPhersonSupreme Court of Kansas · 1864
- Adams v. HubbardMichigan Supreme Court · 1874
- State v. BerrySupreme Court of Iowa · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Wright v. BarneyNebraska Supreme Court · 1937
- State ex rel. Kenyon v. LaurandeauMontana Supreme Court · 1898
- Sanford v. EdwardsMontana Supreme Court · 1896
- Shambaugh v. Buffalo CountyNebraska Supreme Court · 1937
- Colwell v. SwickAppellate Court of Illinois · 1914
4 more not listed; retrieve them via the Exa API.