Sheibley v. Dixon County
Nebraska Supreme Court
Error from the district court for Dixon county. Tried below before Evans, J. Do the pleadings of the defendant, when taken into consideration with those of the plaintiff in the lower court, state a cause of action? The pleadings must be construed together. To admit evidence there must be a statement of ultimate facts conforming to the evidence.
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Error from the district court for Dixon county. Tried below before Evans, J. Do the pleadings of the defendant, when taken into consideration with those of the plaintiff in the lower court, state a cause of action? The pleadings must be construed together. To admit evidence there must be a statement of ultimate facts conforming to the evidence. Hale v. Walker, 31 la., 344; OeJcendon v. Barnes, 43 la., 615; Williams v. First Presbyterian Society, 1 Ohio St., 478; Clark v. Dayton, 6 Nebr., 192. The presumption is that the matter of abstracts was included in the settlement, and can not again be…
1Opinion of the CourtNorval, C. J.
This is a proceeding to review a judgment of the district court for Dixon county. The plaintiff below, T. J. Sheibley, had from 1890 to 1896 been county clerk of that county. He filed before the county board a claim for making and correcting the assessors’ books for the years 1890, 1891, 1892 and 1893, asserting there was due him for such services, in addition to the salary allowed him by statute, the sum of $400. This claim was by the board rejected, and he appealed to the district court. In answer to his petition the defendant county, among other things, filed a counter-claim, alleging that…
2Cited by8 opinions
- Douglas County v. VinsonhalerNebraska Supreme Court · 1908
- Quinton v. StateNebraska Supreme Court · 1924
- Road Improvement Dist. No. 4 of Conway County v. WilkersonCourt of Appeals for the Eighth Circuit · 1925
- Sheibley v. FalesNebraska Supreme Court · 1908
- Boettcher v. Lancaster CountyNebraska Supreme Court · 1905
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