Bantley v. Finney
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Field, J. The facts are stated by the commissioner. The affidavit for service by publication is jurisdictional, and must be authenticated by the certificate of a competent officer. (Atkins v. Atkins, 9 Neb., 191; Frasier v. Miles, 10' Neb., 113; Blair v. West Point Mfg. Co., 7 Neb., 147; Consolidated Statutes, secs. 4887, 4891, 4904.) Courts require a strict compliance governing notice by publication.
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Appeal from the district court of Lancaster county. Heard below before Field, J. The facts are stated by the commissioner. The affidavit for service by publication is jurisdictional, and must be authenticated by the certificate of a competent officer. (Atkins v. Atkins, 9 Neb., 191; Frasier v. Miles, 10' Neb., 113; Blair v. West Point Mfg. Co., 7 Neb., 147; Consolidated Statutes, secs. 4887, 4891, 4904.) Courts require a strict compliance governing notice by publication. (Wade, Notice, see. 1030; Schell v. Leland, 45' Mo., 289; Bardsley v. Hines, 33 la., 158; Merrillv. Montgomery, 25 Mich.,…
1Opinion of the Court
Ragan, C.
On the 25th day of April, 1882, Gottlieb Bantley was the owner of the southeast quarter of section 24, in township 10 north, and range 7 east of the 6th P. M., in Lancaster county, Nebraska. On the 19th day of July, 1882, one Richard O. McWilliams brought a suit in equity in the district court of Lancaster county against said Bantley, the petition in which alleged, in substance, Bantley’s •ownership of said real estate on said 25th of April, and that on said day Bantley had agreed, in writing, to sell and convey to him, McWilliams, said real estate on certain terms and conditions,…
2Cases cited8 opinions
- Harris v. LesterIllinois Supreme Court · 1875
- Kruse v. WilsonIllinois Supreme Court · 1875
- Shelton v. BerryTexas Supreme Court · 1857
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Eastman v. BennettWisconsin Supreme Court · 1858
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3Cited by8 opinions
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- In Re Interest of KDBNebraska Supreme Court · 1989
- Rowe v. GriffithsNebraska Supreme Court · 1899
- Holmes v. CrooksNebraska Supreme Court · 1898
- Martin v. SanfordNebraska Supreme Court · 1935
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