Legal Opinion

Kansas City, Wyandotte & Northwestern Railroad v. Conlee

Nebraska Supreme Court

Decided December 5, 1894No. 5222PublishedCited by 5 opinions

Error from the district court of Gage county. Tried below before Appelget, J. The facts are stated by the commissioner. It was an abuse of discretion for the trial court to overrule the motion for a continuance.

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Error from the district court of Gage county. Tried below before Appelget, J. The facts are stated by the commissioner. It was an abuse of discretion for the trial court to overrule the motion for a continuance. (Johnson v. Mills, 31 Neb., 524; Beatrice Sewer Pipe Co. v. Irwin, 30 Neb., 86; Miller v. State, 29 Neb., 437.) The evidence shows that the alleged contract was void under the statute of frauds, being an oral contract which by its terms was not to be performed within a year. •(Kleeman v. Collins, 9 Bush [Ky.], 460; Tattle v. Sweet, 31 Me., 555; Drummond v. Burrell, 13 Wend. [N. Y.],…

1Opinion of the Court

Ragan, C.

A. J. Conlee sued the Kansas City, Wyandotte & Northwestern Railroad Company (hereinafter called the “Railroad Company”) in the district court of Gage county. Conlee had a verdict and judgment and the Railroad Company prosecutes to this court proceedings in error.

Conlee in his petition in the court below alleged: “ That on the 19th day of December, 1889, the plaintiff, at defendant’s request, agreed with the defendant to enter into its employment for a period of one year, commencing on January 1,1890, as a clerk in the offices of said defendant in the city of Kansas City, Kansas, and…

2Cases cited3 opinions

  1. Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
  2. Kiene v. ShaeffingNebraska Supreme Court · 1891
  3. Singer Manufacturing Co. v. McAllister Bros.Nebraska Supreme Court · 1887

3Cited by5 opinions

  1. Paschall v. AndersonTexas Supreme Court · 1936
  2. Carter White Lead Co. v. KinlinNebraska Supreme Court · 1896
  3. Storz v. FinklesteinNebraska Supreme Court · 1896
  4. Keens v. RobertsonNebraska Supreme Court · 1896
  5. Marshall v. RoweNebraska Supreme Court · 1934

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