Gillette v. Morrison
Nebraska Supreme Court
Error to the district court for Otoe county, where the cause was tried before Gaslin, J., of the fifth district, sitting in that county. The facts appear in. the opinion. 1. It is the duty of the trial court to use all proper means to fully determine the issues involved in an action, and thereby conclude litigation.
Read the full summary
Error to the district court for Otoe county, where the cause was tried before Gaslin, J., of the fifth district, sitting in that county. The facts appear in. the opinion. 1. It is the duty of the trial court to use all proper means to fully determine the issues involved in an action, and thereby conclude litigation. To this end it is not only proper, but the duty of the court to allow the plaintiff to withdraw a rest and put in further material evidence which may have been overlooked or omitted by mistake; and the fact that defendant has made a motion for non-suit does riot affect the…
1Opinion of the CourtCobb, J.
This case has been before this court once before, 7 Neb., 263.
From the record it appears that I. P. Mumford, on the twenty-fifth day of January, 1870, made his promissory note, payable ten days after date to A. Heffley or order, for the sum of $844.77, with 12 per cent interest, which note was secured by a mortgage on certain real estate in Otoe county, executed by the said Mumford and wife; that on the twenty-fifth day of October, 1870, the said A. Heffley, for value, endorsed and delivered the said note, and assigned by an instrument in writing the said mortgage tó the plaintiff; that an…
2Cases cited1 opinion
- Gillette v. MorrisonNebraska Supreme Court · 1878
3Cited by9 opinions
- Ames v. Union Pac. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1894
- Blair v. StateNebraska Supreme Court · 1904
- Holladay v. RichNebraska Supreme Court · 1913
- Hans v. StateNebraska Supreme Court · 1897
- Foster v. MurphyNebraska Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.