Brondberg v. Babbott
Nebraska Supreme Court
Error to the district court for Otoe county, where the cause had been brought on error from the county court by the defendant and judgment of that court reversed by Pound, J., and same dismissed. The plaintiff claimed by his petition in the county court $588.60, and that amount was indorsed on the summons, but the judgment was for $500 only and costs, the defendant not appearing except to prosecute proceedings in error to the district court.
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Error to the district court for Otoe county, where the cause had been brought on error from the county court by the defendant and judgment of that court reversed by Pound, J., and same dismissed. The plaintiff claimed by his petition in the county court $588.60, and that amount was indorsed on the summons, but the judgment was for $500 only and costs, the defendant not appearing except to prosecute proceedings in error to the district court. The error, if any, was without prejudice, and couniy court had jurisdiction to render judgment for amount it did. Dillon v. Bussell, 5 Neb., 484.…
1Opinion of the CourtCobb, J.
At the date of the proceedings involved in this case the jurisdiction of county courts in civil actions was limited to five hundred dollars, the language of the statute being, “and shall have concurrent jurisdiction with the district court in all civil cases in any sum not exceeding five hundred dollars exclusive of costs.” Comp. Stat., 205. The summons issued by the county judge, as well in the ad damnum clause as in the indorsement, stated the plaintiff’s demand for which the suit was brought at five hundred and eighty-eight dollars and sixty cents. The copy of the plaintiff’s petition in…
2Cases cited1 opinion
- Cooban v. BryantWisconsin Supreme Court · 1875
3Cited by17 opinions
- Stacy v. MullinsSupreme Court of Virginia · 1946
- Union Pacific Railway v. OgilvyNebraska Supreme Court · 1886
- Stenberg v. StateNebraska Supreme Court · 1896
- Anderson v. StoryNebraska Supreme Court · 1898
- People ex rel. Yearian v. SpiersUtah Supreme Court · 1886
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