Stephens v. Harding
Nebraska Supreme Court
Appeal from the district court of Saunders county. Heard below before Wheeler, J. The facts are stated in the opinion. The petition does not state a canse of action.’ (Fowler v. Sutherland, 9 Pac. Rep. [Gal.], 674; Baker v. Wiswell, 17 Neb., 52; Wood v. Thornly, 58 Ill., 469; Clark v. Clark, 13 N. E. Rep. [Ill.], 555; Miller v. Znfall, 6 Atl. Rep. [Pa.], 350; Story v. Black, 1 Pac. Rep. [Mont.], 7.) There is a vital defect of parties defendant. (22 Am. & Eng. Ency.
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Appeal from the district court of Saunders county. Heard below before Wheeler, J. The facts are stated in the opinion. The petition does not state a canse of action.’ (Fowler v. Sutherland, 9 Pac. Rep. [Gal.], 674; Baker v. Wiswell, 17 Neb., 52; Wood v. Thornly, 58 Ill., 469; Clark v. Clark, 13 N. E. Rep. [Ill.], 555; Miller v. Znfall, 6 Atl. Rep. [Pa.], 350; Story v. Black, 1 Pac. Rep. [Mont.], 7.) There is a vital defect of parties defendant. (22 Am. & Eng. Ency. Law, pp. 1065-1068; Fry, Specific Performance, sec. 118; Herrington v. Hubbard, 1 Scam. [Ill.], 569.) The evidence fails to show…
1Opinion of the Court
Post, O. J.
This is an appeal by the defendants herein from a decree of the district court for Saunders county. The first proposition argued on this hearing is that the petition upon which the cause was heard in the trial court fails to state a cause of action. It is therein alleged (1) that the plaintiff, on or about September 20, 1889, being the owner of a tract of land in Saunders county, which is particularly described, and a certain creamery situated thereon, entered into a verbal agreement with the defendants as partners, doing business in the name of Harding Bros., *661whereby she promised…
2Cases cited2 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Maurer v. MidayNebraska Supreme Court · 1889
3Cited by3 opinions
- Burnham v. BennisonNebraska Supreme Court · 1931
- Stuht v. SweesyNebraska Supreme Court · 1896
- Colson v. Estate of JohnsonNebraska Supreme Court · 1924