Legal Opinion

Seieroe v. Homan

Nebraska Supreme Court

Decided February 16, 1897No. 7014PublishedCited by 7 opinions

Appeal from tbe district court of Douglas county-Heard below before Ferguson, J. Tbe opinion contains a statement of tbe case. Tbe court erred in applying to the case at bar the doctrine announced in Bohn Mfg.

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Appeal from tbe district court of Douglas county-Heard below before Ferguson, J. Tbe opinion contains a statement of tbe case. Tbe court erred in applying to the case at bar the doctrine announced in Bohn Mfg. Co. v. Kountis, 30 Neb., 719. (Henry & Goatsworth Co. v. Fisherdick, 37 Neb., 207; Holmes v. Hutchins, 38 Neb., 601; Pickens v. Plattsmouth Investment Co., 37 Neb., 272; Hoagland v. Lowe, 39 Neb., 397.) References as to right of subrogation: Johnson v. Barrett, 117 Ind., 551; Gilbert v. Gilbert, 39 la., 657; Fears v. Albea, 69 Tes., 437; Walker v. King, 44 Vt., 601; Wheeler v. Willard,…

1Opinion of the CourtPost, C. J.

Suit was commenced in the district court for Douglas county by Niels Seieroe agáinst William R. Homan for the foreclosure of a mechanic’s lien upon lot 1, in block 362, in the city of Omaha, the facts alleged as the plaintiff’s cause of action being substantially as follows: On the 1st day of April, 1890, the plaintiff: entered into a contract with Homan, as owner of the premises above described, whereby he agreed to furnish certain material and perform certain labor in the erection of six three-story brick and frame apartment houses upon said premises for the sum of $10,221, payable upon…

2Cases cited1 opinion

  1. Bohn Sash & Door Co. v. CaseNebraska Supreme Court · 1894

3Cited by7 opinions

  1. Kent v. BaileySupreme Court of Iowa · 1917
  2. Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
  3. Skinkle v. HuffmanNebraska Supreme Court · 1897
  4. American Surety Co. v. State Trust & Savings BankSupreme Court of Iowa · 1934
  5. Chicago Lumber Co. v. AndersonNebraska Supreme Court · 1897

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