Smith v. Silvis
Nebraska Supreme Court
Error from the district court for Adams county. It was an action on a promissory note for $700, given by William L. Smith & Co., dated June 15, 1874. Judgment having been rendered against him, Smith brought the cause up by petition in error. • Further facts appear in the .opinion.
Read the full summary
Error from the district court for Adams county. It was an action on a promissory note for $700, given by William L. Smith & Co., dated June 15, 1874. Judgment having been rendered against him, Smith brought the cause up by petition in error. • Further facts appear in the .opinion. The summons should contain in itself a complete notice of the suit, and unless issued against a firm, in the firm name, it should contain the full Christian and surnames of each defendant named in the petition, and when more than one defendant is sued it should be definite and certain as to the number of the…
1Opinion of the CourtCobb, J.
The summons in this cause is against “ William L. Smith et al.” The petition is entitled John B. Silvis, plaintiff, vs. William L. Smith, Charles Wells, George Wells, and Leroy S. Winters, partners doing business under the firm name of William L. Smith & Co., and H. P. Handy, defendants. In the stating part of the petition all of the above named persons except Handy are named and charged to have been partners at the time of the execution and delivery of the note sued on. That they made and delivered the note in their firm name to Handy, who afterwards, and before maturity, waived protest and…
2Cited by4 opinions
- Kirkwood v. First National BankNebraska Supreme Court · 1894
- Hardy v. MillerNebraska Supreme Court · 1881
- Edwards v. ReidNebraska Supreme Court · 1894
- Coad v. ReadNebraska Supreme Court · 1896