Reliance Trust Co. v. Atherton
Nebraska Supreme Court
Error from the district court for Fillmore county. Action in county court upon a coupon note; special appearance sustained. General appearance; plea of the statute of limitations; judgment for plaintiff. Error to district court, assigning (1) overruling of demurrer to plaintiff’s petition; (2) overruling certain objections. Heard below before Stubbs, J. Judgment below affirmed.
1Opinion of the Court
Albert, 0.
For the sake of brevity and clearness we shall call the plaintiff in error the plaintiff, and the defendant in error the defendant, as we may have occasion to refer to them in what.follows.
On the 1st day of September, 1900, the plaintiff filed a petition in the county court asking judgment against the defendant and another in the sum of $408.95 on a promissory note and interest coupons, both dated September 1, 1890, and both due and payable September 1, 1895. The petition shows on its face that the debt had been secured by a real estate mortgage, of even date with the note, and that…
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