Pettit v. Black
Nebraska Supreme Court
Error to the district court for Cass county, where the cause was heard before Pound, J. The facts appear in the opinion. The rights of Mrs, Pettit to the land were not determined in the case of Bettit v. Black, 8 Neb., 52. She was not a party, and is not bound. Brown v. Wyncoop, 2 Blackf., 230. I/enox v. Netrobe, Hump., 251. Ex parte Howard, 9 Wall., 175. Freeman on Judgments, sec. 171 a. The mortgages referred to do not in any manner affect.this action.
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Error to the district court for Cass county, where the cause was heard before Pound, J. The facts appear in the opinion. The rights of Mrs, Pettit to the land were not determined in the case of Bettit v. Black, 8 Neb., 52. She was not a party, and is not bound. Brown v. Wyncoop, 2 Blackf., 230. I/enox v. Netrobe, Hump., 251. Ex parte Howard, 9 Wall., 175. Freeman on Judgments, sec. 171 a. The mortgages referred to do not in any manner affect.this action. The land was not sold under the mortgages. A proceeding in rem. is against the thing itself. The case in 8 Neb., 52, was an action to quiet…
1Opinion of the CourtMaxwell, J.
This is an action of forcible detention. It was' brought in the county court of Cass county, and judgment rendered in favor of the defendant. The case was taken on error to the district court, where the judgment was affirmed. The plaintiffs bring the case into this court by petition in error. The errors assigned in the district court were the following:
1. The court had no jurisdiction to try and determine the case.
2. “The judgment was not according to law, but was in express and open violation of law.
3. “The court erred in the admission of certain testimony against the objection and…
2Cases cited9 opinions
- Armstrong v. LearSupreme Court of the United States · 1827
- Johnson v. HahnNebraska Supreme Court · 1875
- Pettit v. BlackNebraska Supreme Court · 1878
- State ex rel. Wilber v. SalyersIndiana Supreme Court · 1862
- People ex rel. Brinkerhoff v. NelsonNew York Supreme Court · 1816
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cummins Management, L.P. v. GilroyNebraska Supreme Court · 2003
- Butler v. BertrandMichigan Supreme Court · 1893
- Walker v. EhresmanNebraska Supreme Court · 1907
- Gregory v. PribbenoNebraska Supreme Court · 1943
- Parker v. StarrNebraska Supreme Court · 1887
26 more not listed; retrieve them via the Exa API.