Pottinger v. Garrison
Nebraska Supreme Court
This was a petition in error to reverse a judgment of the district court for Cass county. To the petition of the defendant in error, who was plaintiff in the court below, the defendant filed a demurrer which was overruled by the court. The defendant then filed his answer, and a trial being had judgment was rendered against him for the sum of $174.42 damages, and $146.47 costs. The cause was then brought to this court by petition in error.
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This was a petition in error to reverse a judgment of the district court for Cass county. To the petition of the defendant in error, who was plaintiff in the court below, the defendant filed a demurrer which was overruled by the court. The defendant then filed his answer, and a trial being had judgment was rendered against him for the sum of $174.42 damages, and $146.47 costs. The cause was then brought to this court by petition in error. The demurrer interposed to the petition in the court below ought to have been sustained, as said petition shows the statute of limitations had run; and the…
1Opinion of the CourtGantt, J.
The only question presented for the consideration of this court in the argument of this case is, whether the district court erred in overruling the demurrer to the plaintiff’s petition; and therefore, it is to this question, alone, we direct our attention in this opinion.
The petition substantially shows that E. B. Garrison had obtained two several judgments against G. Mayfield; that he sold and transferred said judgments to the defendant in error, Mary A. Garrison, and she claimed^ them as her property; that the plaintiff in error, Willett Pottinger, was employed and acted as the attorney of…
2Cases cited3 opinions
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3Cited by7 opinions
- Dorrington v. MinnickNebraska Supreme Court · 1884
- Farrar & Wheeler v. TriplettNebraska Supreme Court · 1878
- Becker v. SimondsNebraska Supreme Court · 1892
- Worrall Grain Co. v. JohnsonNebraska Supreme Court · 1909
- Lederer v. Union Savings BankNebraska Supreme Court · 1897
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