Conchman v. Wright
Nebraska Supreme Court
Error from Washington county district court. Tried below before Savage, «J. The cause of demurrer is for the reason that the complaint did not state facts sufficient to constitute cause of action against the defendant. By the demurrer the defendant admits that the facts and allegations in the petition are true.
Read the full summary
Error from Washington county district court. Tried below before Savage, «J. The cause of demurrer is for the reason that the complaint did not state facts sufficient to constitute cause of action against the defendant. By the demurrer the defendant admits that the facts and allegations in the petition are true. This brings us square to the argument of the proposition whether a verbal promise or pledge of indemnity, made by a person who receives benefit therefrom, can be enforced by a person who, upon the promise of such indemnity, has been induced to become responsible for the promisor, and…
1Opinion of the Court
Maxwell, Ch. J.
This is an action of replevin. The plaintiff filed a motion in the court below to strike out certain parts of the petition, which was sustained, to which the plaintiff excepted. The defendant then filed a general demurrer to the. petition, which was sustained by the court, to which the plaintiff excepted. The court then proceeded to assess the defendant’s damages, and rendered judgment against the plaintiff for a return of the property, or in case of failure to return the same, a judgment for the sum of $101 and costs. The cause is brought into this court by petition in error.
Th…
2Cited by9 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Crews v. HarlanTexas Supreme Court · 1905
- Lexington Bank v. WirgesNebraska Supreme Court · 1897
- McInerney & Conway Finance Corp. v. SmithWyoming Supreme Court · 1931
- Sparks v. WilsonNebraska Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.