Hower v. Aultman
Nebraska Supreme Court
Error to the district court for Webster county. Tried below before Gaslin, J. cited : Maxwell’s PI. and Pr., 4th Ed., 121, 146 ; Hedges v. Roach, 16 Neb., 674; JEtna Ins. Co. v. Baker, 71 Ind., 102; Aurora City v. West, 7 Wall., 93; Cooke v. Graham’s Admr., 3 Crauch (U. S.), 235; Fox v. Wray, 56 Ind., 426 ; Wood on Limitation of Actions, p. 128, sec. 64; p. 139, sec. 68; p. 172, sec. 71; Bell v. Morrison, 1 Pet.
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Error to the district court for Webster county. Tried below before Gaslin, J. cited : Maxwell’s PI. and Pr., 4th Ed., 121, 146 ; Hedges v. Roach, 16 Neb., 674; JEtna Ins. Co. v. Baker, 71 Ind., 102; Aurora City v. West, 7 Wall., 93; Cooke v. Graham’s Admr., 3 Crauch (U. S.), 235; Fox v. Wray, 56 Ind., 426 ; Wood on Limitation of Actions, p. 128, sec. 64; p. 139, sec. 68; p. 172, sec. 71; Bell v. Morrison, 1 Pet. (U. S.), 361; Fort Scott v. Hickman, 112 U. S., 150; Mayberry v. Willoughby,■ 5 Neb., 372.
1Opinion of the Court
Reese, Ch. J.
This was an action upon a promissory note. An answer was filed to the petition, when defendant in error filed a demurrer to the answer, which was sustained by the district court. From the judgment of the court, sustaining the demurrer, and rendering judgment in favor of the plaintiff in the action, defendant brings error to this court. There is but one question presented and that is as to the statute of limitations. The pleadings being short, they will be here copied in full. The petition was as follows:
“Plaintiff complains of the defendant for on or about September 6, 1877, the…
2Cases cited4 opinions
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Bennet v. HargusNebraska Supreme Court · 1871
- Peters v. DunnellsNebraska Supreme Court · 1877
- People v. BankerNew York Supreme Court · 1852
3Cited by14 opinions
- Bruner v. MartinSupreme Court of Kansas · 1907
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
- Hawthorne v. StateNebraska Supreme Court · 1895
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1897
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