Fulton v. Ryan
Nebraska Supreme Court
Error to tbe district court for Gage county. Tried below before Stull, J. The plaintiff can recover only on the cause of action set forth in his petition. It is not the province of a reply to introduce a new cause of action.
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Error to tbe district court for Gage county. Tried below before Stull, J. The plaintiff can recover only on the cause of action set forth in his petition. It is not the province of a reply to introduce a new cause of action. Warren t*. Powers, 5 Conn., 373; Durlin v. Fisk, 16 Ohio St., 533; School District v. Caldwell, 16 Nebr., 68; Reinskoph v. Rogge, 37 Ind., 207; Bradley v. Johnson, 45 N. J. Law, 487. Counsel for the plaintiff in error argued, upon the foregoing authorities, that the petition in the court below was in the ordinary form upon a promissory note; that the answer, as against…
1Opinion of the CourtNon acal, C. J.
This action Avas brought against Sarah Fulton upon a promissory note. The petition was in the usual form for recovery upon such an obligation. The defendant for answer alleged that at the time the note was given she was a married Avoman; that she received no consideration therefor, and none inured to her separate estate; that in making the same she did hot contract with reference to her separate property, nor did she intend to charge the same with the payment thereof; and that said note was not made by her upon the faith or credit of her separate estate, trade or business. Defendant further…
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