Brown v. Rice
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Crawford, J. All objections to jurisdiction must be made by the party in person and cannot be raised by counsel. (1 Bouvier, L. D., title “Appearances;” 1 Chi tty, Pleadings [10th Am. Ed.], 428 ; Knox v. Summers, 3 Cranch [U. S.], 496.) The tendency of this court’s holdings has been against special appearances. (Maxwell, Just.
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Error to the district court for Madison county. Tried below before Crawford, J. All objections to jurisdiction must be made by the party in person and cannot be raised by counsel. (1 Bouvier, L. D., title “Appearances;” 1 Chi tty, Pleadings [10th Am. Ed.], 428 ; Knox v. Summers, 3 Cranch [U. S.], 496.) The tendency of this court’s holdings has been against special appearances. (Maxwell, Just. Pr., 90.) The motion sought to call into exercise the power of the court to reconsider its judgment as to the service, and this made the appearance a general one. (Cropsey v. Wiggenhorn, 3 Neb., 108;…
1Opinion of the Court
Cobb, Ch. J.
The plaintiff in error exhibited his petition in the district court of said county against the defendants Rice and his wife, and Mary J. Brown, the petitioner’s wife, setting up that on September 30, 1875, he purchased the west half of the southeast quarter of section 30, township 22, range 4 west, in said county, for $400, the fee simple title to which, “to pacify his wife,” was conveyed to her, in trust, for his use and benefit; that on April 16, 1878, she mortgaged the land to defendant Rice to secure her note of that date to him for $79, due in sixty days, bearing twelve per…
2Cases cited2 opinions
- Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871
- Cleghorn v. WatermanNebraska Supreme Court · 1884
3Cited by7 opinions
- Harlow v. MasonSupreme Court of Arkansas · 1915
- Persinger v. TinkleNebraska Supreme Court · 1892
- Lewis v. BarkerNebraska Supreme Court · 1896
- Edgar v. KellerNebraska Supreme Court · 1895
- Easton v. BroadwellSupreme Court of Oklahoma · 1899
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