Small v. Poffenbarger
Nebraska Supreme Court
Error to the district court for York county. Tried below before Norval, J. As to the petition : McManus v. Mining Co., 4 Nev., 15; Holgate v. Broome, 8 Minn., 209; Foerster v. Kirkpatrick, 2_ Id., 171; Hall v. Southmayd, 15 Barb. [N. Y.], 33. As to the testimony of stenographer: Seligman v. Ten Fyck, 53 Mich., 285; People v. McKinney, 49 Id., 334; People v. Sligh, 48 Id., 54; Misner v. Darling, 44 Id., 438; People v. Becker, 48 Id., 43. Tessier v. Peed, 17 Neb., 105; Dorsey…
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Error to the district court for York county. Tried below before Norval, J. As to the petition : McManus v. Mining Co., 4 Nev., 15; Holgate v. Broome, 8 Minn., 209; Foerster v. Kirkpatrick, 2_ Id., 171; Hall v. Southmayd, 15 Barb. [N. Y.], 33. As to the testimony of stenographer: Seligman v. Ten Fyck, 53 Mich., 285; People v. McKinney, 49 Id., 334; People v. Sligh, 48 Id., 54; Misner v. Darling, 44 Id., 438; People v. Becker, 48 Id., 43. Tessier v. Peed, 17 Neb., 105; Dorsey v. Hall, 7 Id., 463-4.
1Opinion of the Court
Cobb, Ch. J.
The plaintiff brought his action in the court below in the following form:
*235“In the District Court of York County, Nebraska.
“ The plaintiff complains of the defendant, for that there is due from defendant to plaintiff, for laborer’s wages, for work and labor done and performed by the plaintiff for defendant at defendant’s request, in years 1886, 1887, and 1888, the sum of $466.55, no part of which has been paid.
“Plaintiff therefore prays judgment against defendant for said sum with interest and costs of suit.”
The defendant’s answer was a general denial.
There was a trial to a jury…
Also in this document: Concurrence.
2Cases cited2 opinions
- Tessier v. Reed, Jones & Co.Nebraska Supreme Court · 1885
- Van Every v. FitzgeraldNebraska Supreme Court · 1887
3Cited by5 opinions
- Swarts v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1918
- Forrester v. Roth's I. G. A. Foodliner, Inc.District Court, D. Oregon · 1979
- Busta v. WardallSouth Dakota Supreme Court · 1892
- Carillo v. ArriolaDistrict Court, Northern Mariana Islands · 1981
- Carlos v. Hastings Independent Telephone Co.Nebraska Supreme Court · 1912