McCartny v. Territory of Nebraska
Nebraska Supreme Court
• The plaintiff hi error was indicted for stealing, in the District Court for Nemaha county, while Nebraska was a Territory. On her admission into the Union, under the provisions of the constitution, the prosecution was transferred to the State Court. Upon the trial, certain testimony was, ou the part of the Territory offered, and under the defendant's objection received ; and this is the subject of his complaint here. The facts are fully stated in the opinion.
1Opinion of the Court
■ Crounse, J.
The 'affidavit of the defendant in the court below, upon which was based his application for a continuance is certainly a strong one, but as the judgment must be reversed upon other grounds, this court will not undertake to fix the limit to the discretion of inferior courts in refusing continuances. The second and third assignments of error ■relate to the admission of testimony of witness Brown, concerning declarations of one Meadows. The property stolen was taken from a blacksmith shop in Nebraska City, ■in Otoe county of this State, and subsequently found on the premises…
2Cited by5 opinions
- Fitzgerald v. BurkeSupreme Court of Colorado · 1890
- State v. CoffmanNebraska Supreme Court · 1987
- Conley v. HaysNebraska Supreme Court · 1951
- Gale Sulky Harrow Co. v. LaughlinNebraska Supreme Court · 1891
- Damme v. Nebraska Public Power DistrictNebraska Supreme Court · 1981