First National Bank v. Miltonberger
Nebraska Supreme Court
Error to the district court for Dodge county. Tried below before Marshall, J. cited, as to misjoinder: Barnet v. Bank, 98 U. S., 555 ; Natl.
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Error to the district court for Dodge county. Tried below before Marshall, J. cited, as to misjoinder: Barnet v. Bank, 98 U. S., 555 ; Natl. Bank v. Bearing, 91 Id., 29; Stafford v. Ingersol, 3 Hill [N. Y.], 38; 1 Hilliard, Torts, 103, and cases; Alma v. Harris, 5 Johns. [N. Y.], 175; Edwards v. Davis, 16 Id., 281; Clark v. Brown, 18 Wend. [N. Y.], 220; Cornell v. Turnpike Co., 25 Id., 367; Swift v. Dewey, 20 Neb., Ill; Com’rs v. Bank, 32 O. St., 200; Rex v. Robinson, 2 Burr. [Eng.], 803. cited, as to misjoinder: King v. Farmer, 88 N. Car., 22; Scott v. Robars, 67 Mo., 289; Young v. Young, 81…
1Opinion of the CourtPost, J.
This was an action brought in the district court of Dodge county by defendant in error under the provisions of sec*849tions 5197 and 5198 Revised Statutes of the United States, to recover double the amount of usurious interest alleged to have been paid by him on account of a loan from plaintiff in error on the 14th day of November, 1885, also for the conversion of certain notes assigned and delivered by him to the plaintiff in error as collateral security for the loan aforesaid.
The first contention in plaintiff’s brief is that the two causes of action cannot be joined under the Code, and that the…
2Cases cited4 opinions
- Pettit v. BlackNebraska Supreme Court · 1882
- Knox v. WilliamsNebraska Supreme Court · 1888
- Floaten v. FerrellNebraska Supreme Court · 1888
- Lincoln National Bank v. DavisNebraska Supreme Court · 1889
3Cited by8 opinions
- Miller v. Oklahoma State Bank of AltusSupreme Court of Oklahoma · 1915
- Town v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1897
- Violet v. RoseNebraska Supreme Court · 1894
- McClary v. StullNebraska Supreme Court · 1895
- Ennor v. RaineNevada Supreme Court · 1903
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