Catron v. Shepherd
Nebraska Supreme Court
Error from the district court for Otoe county. The facts are fully set forth in the opinion. The word “ defense” as used in the code, secs. 99, 100, must include partial as well as complete defenses, and the defendant should be prohibited from giving in evidence any new matter, either as a complete or partial defense, unless such matter had been set up in the answer. The court can only adjudicate upon the case made by the pleadings.
Read the full summary
Error from the district court for Otoe county. The facts are fully set forth in the opinion. The word “ defense” as used in the code, secs. 99, 100, must include partial as well as complete defenses, and the defendant should be prohibited from giving in evidence any new matter, either as a complete or partial defense, unless such matter had been set up in the answer. The court can only adjudicate upon the case made by the pleadings. School District v. Shoemaker, 5 Neb., 36. Clark v. O. cf S. W. JR. It., 5 Neb., 314. A. ¿f N. JR. JR. v. Washburn, 5 Neb., 117. Feet v. O’Brien, 5 Neb., 360.…
1Opinion of the Court
Maxwell, Ch. J.
On the tenth day of October, 1872, the defendant purchased of A. N. Pierce, of Texas, eleven hundred and six head of cattle for the sum of $20,362, the money to be paid in installments as provided in a written contract executed by the parties at that time. The plaintiff was appointed agent by Pierce to collect and receipt for the payments. Various payments were made by the defendant upon the contract up to the twenty-sixth day of June, 1874, when there remained due and unpaid about the sum of $3,000.00 This sum the defendant appears to have been unable to pay, and Pierce…
2Cases cited4 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Turner v. CookIndiana Supreme Court · 1871
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
3Cited by8 opinions
- Whipple v. FowlerNebraska Supreme Court · 1894
- Burke v. SnellSupreme Court of Arkansas · 1883
- McClemens v. United Parcel Service, Inc.Nebraska Supreme Court · 1984
- Beskas v. CalkinsNebraska Supreme Court · 1938
- Smith v. JonesNebraska Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.