Legal Opinion

First National Bank v. Carson

Nebraska Supreme Court

Decided July 2, 1890PublishedCited by 19 opinions

Error to the district court for Madison county. Tried below before Powers, J. The execution of the note was not an issue before the county judge, and, therefore, could not be made one in the district court. (O’Leary v. Islcey, 12 Neb., 137; Baier v. Hmnpall, 16 Id., 128; FuUer v. 8chroeder, 20 Id., 636 ; Ruddieh v. Vail, 7 la., 44.) As to the fourth instruction asked by defendant: Newton Wagon Co. v. Deirs, 10 Neb., 292; Turner v. O’Brien, 11 Id., 108; TJ.

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Error to the district court for Madison county. Tried below before Powers, J. The execution of the note was not an issue before the county judge, and, therefore, could not be made one in the district court. (O’Leary v. Islcey, 12 Neb., 137; Baier v. Hmnpall, 16 Id., 128; FuUer v. 8chroeder, 20 Id., 636 ; Ruddieh v. Vail, 7 la., 44.) As to the fourth instruction asked by defendant: Newton Wagon Co. v. Deirs, 10 Neb., 292; Turner v. O’Brien, 11 Id., 108; TJ. P. R. Go. v. Ogilvy, 18 Id., 639. As to the testimony of Wohlford: Dunbier v. Day, 12 Neb., 600; Cropsey v. Aver ill, 8 Id., 158; High v.…

1Opinion of the CourtNorvau, J.

This action was commenced in the county court of Madison county, upon a promissory note, of which the following is a copy:

“$150.

Madison, Neb., Nov. 12, 1887.

“On the first day of June, 1888, I promise to pay Thos. E. Hall, or order, one hundred and fifty dollars, for *106value received, negotiable and payable without defalcation or discount, with 8 per cent interest ’from date.
“(Signed)

H. H. Carson.”

Indorsed on the back: “Thos. E. Hall, E. B. Place.”

While both plaintiff and defendant appeared before the county court at the trial, the defendant offered no testimony, A judgment was entered against…

2Cases cited2 opinions

  1. O'Leary v. IskeyNebraska Supreme Court · 1881
  2. Holmes v. RileySupreme Court of Kansas · 1875

3Cited by19 opinions

  1. Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
  2. International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
  3. Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
  4. Swengil v. MartinNebraska Supreme Court · 1933
  5. Chicago, Rock Island & Pacific Railway Co. v. ArcherNebraska Supreme Court · 1896

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