Levi v. Fred
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Irvine, J. On appeal to the district court from a lower one, the cause must be tried de novo, with the issues precisely the same as at the trial below. {O'Leary v. Isleey, 12 Neb., 136; Baler v. Humpall, 16 Neb., 127; Union B. JR. Co. v. Ogilvy, 18 Neb., 638; Fuller v. Sehroeder, 20 Neb., 631; Bishop v. Stevens, 31 Neb., 786.)
1Opinion of the CourtNorval, J.
This was an action for damages for breach of contract brought by David Ered against Henry Levy and Davis Skolinkowski before a justice of the peace. From a judgment in plaintiff’s favor the defendants appealed to the district court, where Fred obtained a judgment against the defendant Skolinkowski.
After the selection of the jury in the district court plaintiff was permitted to file an amended petition, and this ruling of the court is assigned as error. It is insisted by counsel for plaintiffs in error that the amended petition in*566troduced a new and different cause of action from that tried in…
2Cases cited3 opinions
- O'Leary v. IskeyNebraska Supreme Court · 1881
- Sells v. D. D. Haggard & Co.Nebraska Supreme Court · 1887
- Sawyer v. BrownNebraska Supreme Court · 1885
3Cited by8 opinions
- Filer v. StatzNebraska Supreme Court · 1944
- Glaze v. ParcelNebraska Supreme Court · 1894
- State ex rel. Vale v. School District of City of SuperiorNebraska Supreme Court · 1898
- Bloedel v. ZimmermanNebraska Supreme Court · 1894
- Gravely v. StateNebraska Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.