Stewart v. Carter
Nebraska Supreme Court
Error to the district court of Gage county. The cause was first brought here upon appeal, but upon motion the appeal was dismissed, and leave being granted to file a petition in error, the cause was heard on the assignments of error therein set forth. cited: Gen. Stat., 538. 1 Story’s Equity, 159. 1 Wash’s PI., 771. Wells v. Yates, 44 W. Y. 525. Bryce v. Lorilla/r'd Ins. Co., 55 N. Y., 240. Globe Ins.
Read the full summary
Error to the district court of Gage county. The cause was first brought here upon appeal, but upon motion the appeal was dismissed, and leave being granted to file a petition in error, the cause was heard on the assignments of error therein set forth. cited: Gen. Stat., 538. 1 Story’s Equity, 159. 1 Wash’s PI., 771. Wells v. Yates, 44 W. Y. 525. Bryce v. Lorilla/r'd Ins. Co., 55 N. Y., 240. Globe Ins. Co. v. Boyle, 21 Ohio State, 120. State v. Boring, 15 Ohio, 507. Ex gyarte Fulton, 7 Cow., 484. N. K. Griggs and I. W. Colby, for defendants in error, cited: He Witt v. Hays, 2 Cal., 469.…
1Opinion of the Court
Lake, Ch. J.
The petition in the court below, was framed with two objects in view, first, to obtain a correction of the official bond upon which the action was brought; and, second, to recover a money judgment, for an alleged breach of one of the conditions thereof.
To this petition the defendants McDowell and Welm demurred, alleging the following grounds therefor: uFvrst. That the said plaintiff, has in his said petition, improperly joined causes of action, which cannot legally be joined in the same petition. Second That there is a defect of parties plaintiff and defendant.” This demurrer was…
2Cases cited2 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Cythe v. La FontainNew York Supreme Court · 1868
3Cited by11 opinions
- Albertson v. StateNebraska Supreme Court · 1879
- A. C. Rudolf & Co. v. R. L. McDonald & Co.Nebraska Supreme Court · 1877
- Lynch v. BurgessWyoming Supreme Court · 1929
- Hollister v. HubbardSouth Dakota Supreme Court · 1899
- Arnold v. BakerNebraska Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.