C. Aultman & Co. v. Reams
Nebraska Supreme Court
Error to Eranklin county district court. This is an action brought on a promissory note by the plaintiff in error in the district court of Eranklin county. The note was for $500, and given for a threshing machine. On the trial plaintiff cálled defendant as a witness to prove his signature to the note, and defendant denied that the signature was his.
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Error to Eranklin county district court. This is an action brought on a promissory note by the plaintiff in error in the district court of Eranklin county. The note was for $500, and given for a threshing machine. On the trial plaintiff cálled defendant as a witness to prove his signature to the note, and defendant denied that the signature was his. Plaintiff having no other sufficient evidence to prove the signature, and being taken by surprise at the evidence of defendant, thereupon, and before the case was submitted to. the jury, asked and moved the court to dismiss the action without…
1Opinion of the CourtCobb, J.
There can be no doubt of the correctness of the law laid down by the counsel for the plaintiff in error, to-*488wit: That the plaintiff has the right to dismiss his case without prejudice to a future action at any time before the final submission of the case to the jury, as a general proposition of law. But is this rule universal? Does it apply to actions of replevin ? In this action, after the property has been delivered to plaintiff, the positions of parties become to all practical intents and purposes reversed. The proceeding has already served the primary purpose desired by the plaintiff. He…
2Cases cited1 opinion
- Jewett v. SmartSupreme Court of Iowa · 1861
3Cited by17 opinions
- Garber v. Palmer, Blanchard & Co.Nebraska Supreme Court · 1896
- Dern v. KelloggNebraska Supreme Court · 1898
- Hunter v. SorensenNebraska Supreme Court · 1978
- Olson Ex Rel. Olson v. ShellingtonNebraska Supreme Court · 1956
- Omaha & Republican Valley Railway Co. v. HallNebraska Supreme Court · 1891
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