Legal Opinion

Cropsey v. Wiggenhorn

Nebraska Supreme Court

Decided July 15, 1873PublishedCited by 39 opinions

This was a petition in error from the district court of Saunders county. Plaintiff in the court below had'judgment, and one of the defendants, Andrew J. Cropsey, brought the cause here. The case is fully stated in the opinion of the court. Seth Robinson, for plaintiff in error, after stating the case, contended: First. The code authorizes the amount claimed by the plaintiff to be endorsed on the summons in actions for the recovery of money only, but in no other case.

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This was a petition in error from the district court of Saunders county. Plaintiff in the court below had'judgment, and one of the defendants, Andrew J. Cropsey, brought the cause here. The case is fully stated in the opinion of the court. Seth Robinson, for plaintiff in error, after stating the case, contended: First. The code authorizes the amount claimed by the plaintiff to be endorsed on the summons in actions for the recovery of money only, but in no other case. Code of Ci/oil Procedure, see. 64. Second. An action to foreclose a mortgage, or for any relief, except a mere judgment for…

1Opinion of the CourtMaxwell, J.

On the first day of March, 1872, Major C. Long executed and delivered to the defendant in error a promissory note for the sum of twenty-five hundred dollars payable in one year from the date thereof, with interest from maturity at the rate of twelve per cent per annuo^ and to secure the payment thereof, Long, and wife executed and delivered to the defendant in error, a mortgage on the east half of lot twelve in block twenty-four, in that part of Ashland, known as Elora City. The mortgage was duly recorded on the eighth day of March, 1872. On the thirty-first day of October, 1872, Long and…

2Cases cited3 opinions

  1. Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871
  2. Mills v. MillerNebraska Supreme Court · 1873
  3. Midland Pacific Railroad v. McCartneyNebraska Supreme Court · 1871

3Cited by39 opinions

  1. City of Atchison v. ByrnesSupreme Court of Kansas · 1879
  2. Cutler v. RobertsNebraska Supreme Court · 1878
  3. Hurlburt v. PalmerNebraska Supreme Court · 1894
  4. Kane v. People ex rel. SnyderNebraska Supreme Court · 1876
  5. Lillie v. Modern Woodmen of AmericaNebraska Supreme Court · 1911

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