Peters v. Dunnells
Nebraska Supreme Court
Appeal from the district court of Sarpy county. Tried below before Lake, Ch. J. Tbe opinion states the case. It seems almost impossible to add anything by way of argument to the plain words contained in the proviso to section IT of the civil code.
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Appeal from the district court of Sarpy county. Tried below before Lake, Ch. J. Tbe opinion states the case. It seems almost impossible to add anything by way of argument to the plain words contained in the proviso to section IT of the civil code. The plaintiff refers to section 20 for aid, and upon demurrer to his original petition amends so as to make the averments thereof correspond with that section, and to that end, proof was taken and is set forth in the bill of exceptions. To defeat the statute of limitations, the plaintiff claims that the defendant was a non-resident of the county;…
1Opinion of the CourtMaxwell, J.
This is an action to foreclose a mortgage on certain real estate in Sarpy county. The note was due and payable August 31, 1859. The petition, in addition to the usual averments in an action of foreclosure, alleges that the defendant before the maturity of the note removed from the state and has continued to reside out of the state ever since.
The defendant demurred to the petition on the ground the the facts stated therein were not sufficient to constitute a cause of action. The demurrer was overruled by the court. The defendant then answered the petition alleging among other grounds of…
2Cases cited3 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Holmes v. RemsenNew York Supreme Court · 1822
- Kyger v. RyleyNebraska Supreme Court · 1873
3Cited by15 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Upton v. McLaughlinSupreme Court of the United States · 1882
- Lilly v. DunnIndiana Supreme Court · 1884
- Eayrs v. NasonNebraska Supreme Court · 1898
- Scroggin v. National Lumber Co.Nebraska Supreme Court · 1894
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