Legal Opinion

Stevenson v. Valentine

Nebraska Supreme Court

Decided September 17, 1889PublishedCited by 6 opinions

Error to the district court for Cuming county. 'Tried below before Powers, J. There is no proof that R. E. Stevenson acted with knowledge, and in this respect the case differs from Peckinbaugh v. Quillin, 12 Neb., 586, and McCormick v. Stevenson, 13 Id., 70. The witness Angeline Bromley is disqualified by sec. 329 of the Code.

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Error to the district court for Cuming county. 'Tried below before Powers, J. There is no proof that R. E. Stevenson acted with knowledge, and in this respect the case differs from Peckinbaugh v. Quillin, 12 Neb., 586, and McCormick v. Stevenson, 13 Id., 70. The witness Angeline Bromley is disqualified by sec. 329 of the Code. A degree of interest no greater has frequently been held sufficient to exclude-(Ransom v. Schmela, 13 Neb., 73 : Wamsley v. Crook, 3 Id., 344; 1 Green. Ev., 386 — 430; McCartney v. Spencer, 26 Kas., 65; Heydrick’s appeal, 1 Atl. Rep., 31; Smith v-James, 34 N. W. Rep.,…

1Opinion of the Court

Reese, Ch. J.

This is a proceeding in error to the district court of Cuming county.

It was alleged in the. petition that defendant in error was the duly appointed and qualified administrator of the estate of B. M. Gay, late of Cuming county, deceased, and that said Gay, at the time of his death, was possessed of personal property of the value of $4,284.40, the property being described as one drug store of the value of $2,400; one horse, phaeton, and harness of the value of $130; one *341gun of the value of $35; cash on hand of the value of $1,156, and books of account of the value of $563.40; and…

2Cases cited1 opinion

  1. Peckinbaugh v. QuillinNebraska Supreme Court · 1882

3Cited by6 opinions

  1. Starr v. Bankers Union of WorldNebraska Supreme Court · 1908
  2. Sullivan Co. v. WellsDistrict Court, D. Nebraska · 1950
  3. Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
  4. Cook v. MonroeNebraska Supreme Court · 1895
  5. Sprague v. Allied Mills, Inc.Nebraska Supreme Court · 1935

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