Legal Opinion

Shabata v. Johnston

Nebraska Supreme Court

Decided December 9, 1897No. 7615PublishedCited by 5 opinions

Error from the district court of Douglas county. Tried below before Keysor, J. The opinion contains a statement of the case.

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Error from the district court of Douglas county. Tried below before Keysor, J. The opinion contains a statement of the case. The court erred in excluding evidence to sustain the allegations of the answer that the court was without jurisdiction. {Goffman v. Bradhocffer, 33 Neb., 279; Car-lisle v. Corran, 2 S. W. Rep. [Tenn.], 26.) The court erred in not considering that the notes sued on were long overdue and were taken subject to all preexisting equities and defenses. {Sturges v. Banh of Ciroleville, 11 O. St., 153; Haughton v. First Nat. Banh of Elhhorn, 26 Wis.', 663; Merchants Banh v.…

1Opinion of the Court

Ryan, C.

In the district court of Douglas county there were commenced two actions, in each of which John R. Johnston and Frank EL Connor, receiver of the State Bank of Nebraska at Crete, Nebraska, were plaintiffs.' In one of these Joseph W. Shabata’and Fayette I. Foss were the defendants, and in the other Mr. Foss- was the sole defendant. They were tried to the court upon evidence, a large part of which was applicable to both cases. There was a judgment against Mr. Foss and Mr. Shabata in the sum of $3,014.34 in one case, and against Mr. Foss in the other case in' the sum of $11,638.89. To…

2Cases cited8 opinions

  1. Simpson v. JenningsNebraska Supreme Court · 1884
  2. Gordon v. LittleNebraska Supreme Court · 1894
  3. Harrington v. ConnorNebraska Supreme Court · 1897
  4. Richardson v. DotyNebraska Supreme Court · 1885
  5. Burge v. GandyNebraska Supreme Court · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bank of Crab Orchard v. MyersNebraska Supreme Court · 1930
  2. Citizens State Bank v. WordenNebraska Supreme Court · 1914
  3. Levy v. South Omaha Savings BankNebraska Supreme Court · 1899
  4. Armstrong v. MarrNebraska Supreme Court · 1930
  5. Bank of Dakota County v. PedersenNebraska Supreme Court · 1931

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