Hurlburt v. Palmer
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Hopewell, J. The facts are stated in the opinion. Where a person is taken or inVeigled by force, fraud, or other means into the jurisdiction of the court for the purpose of getting service upon him, the service is bad and the court will acquire no jurisdiction. (In re Robinson, 29 Neb., 135; Wyokojf v. Packard, 20 Abb. N. Cas. [N. Y.], 420; Compton v. Wilder, 40 O. St., 130; Van Horn v. Great Western Mfg.
Read the full summary
Error from the district court of Douglas county. Tried below before Hopewell, J. The facts are stated in the opinion. Where a person is taken or inVeigled by force, fraud, or other means into the jurisdiction of the court for the purpose of getting service upon him, the service is bad and the court will acquire no jurisdiction. (In re Robinson, 29 Neb., 135; Wyokojf v. Packard, 20 Abb. N. Cas. [N. Y.], 420; Compton v. Wilder, 40 O. St., 130; Van Horn v. Great Western Mfg. Co., 37 Kan., 521.) An objection to the jurisdiction of the court over a defendant will not be waived, although such…
1Opinion of the Court
Ryan, C.
During all the time within which the transactions referred to in this case took place, the firm of Palmer, Rich-man & Co. was engaged in the live stock commission business in South Omaha. At the same time, George L. Hurlburt, George Liggett, and Clifford G. Hurlburt were doing business at Utica, Nebraska, under the name and style of the Merchants Bank. Alexander C. Virgin was *162also a resident of the town last named. The first named firm sued the aforesaid banking partners and Alexander C. Virgin, in the district court of Douglas county, Nebraska, for the sum of $2,000, with interest…
2Cases cited17 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Cropsey v. WiggenhornNebraska Supreme Court · 1873
- Byler v. JonesSupreme Court of Missouri · 1883
- Graham v. RingoSupreme Court of Missouri · 1878
- Bucklin v. StricklerNebraska Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Davis v. O'HARASupreme Court of the United States · 1924
- Anheuser-Busch Brewing Ass'n v. PetersonNebraska Supreme Court · 1894
- J. W. Ripey Son v. the Art Wall Paper MillSupreme Court of Oklahoma · 1910
- Barry v. WachoskyNebraska Supreme Court · 1899
- Haynes, Admx. v. City Nat. Bank of LawtonSupreme Court of Oklahoma · 1912
22 more not listed; retrieve them via the Exa API.