Guthrie v. Brown
Nebraska Supreme Court
Error from the district court of Nuckolls comity. Tried below before Morris, J. The findings were erroneous in allowing the plaintiff below to recover costs. The amount sued for was within the jurisdiction of a justice of the peace. (Ray v. Mason, 6 Neb., 101; Geerev.
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Error from the district court of Nuckolls comity. Tried below before Morris, J. The findings were erroneous in allowing the plaintiff below to recover costs. The amount sued for was within the jurisdiction of a justice of the peace. (Ray v. Mason, 6 Neb., 101; Geerev. Sweet, 2 Neb,, 75; Beach v. Cramer, 5 Neb., 99; Moore v. Barrow, 11 Neb., 462; Wilde v. Boldt, 16 Neb., 539; Goodman v. Pence, 21 Neb., 459.) cited: Myer v. Qleisner, 7 Wis., 55*; Albers v. Eilers, 18 Mo., 279; Williamson v. Hendricks, 10 Abb. Pr. [N. Y.], 98; Lumbard v. Syracuse, B. & N. Y. R. Co., 62 N. Y., 290; Dunning v.…
1Opinion of the Court
Irvine, C.
Brown brought an action in the district court of Nuckolls county to foreclose a mortgage on land alleged to belong to the Guthries. The Guthries filed answers presenting issues of fact, and Robert Guthrie, in addition thereto, interposed a counter-claim. An order was made referring the case to O. L. Trevitt “to take and report the proofs.” Thereafter the referee's report was filed, and then it appears there was a trial to the court, a general finding for the plaintiff, and a personal judgment for the plaintiff for f198.60 and costs, but there was no decree foreclosing, the…
2Cases cited5 opinions
- Light v. KennardNebraska Supreme Court · 1880
- Turner v. TurnerNebraska Supreme Court · 1881
- Simpson v. GreggNebraska Supreme Court · 1876
- State ex rel. Dunterman v. GaslinNebraska Supreme Court · 1890
- Same v. SameNebraska Supreme Court · 1881
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