Lincoln Brick & Tile Works v. Hall
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Field, J. The right to be heard in defense of the issues between the parties is not a jurisdictional one, and the fact that the appellee may have the case dismissed on motion, shows that if such motion were not filed the court would have jurisdiction, all that is necessary to give the latter being a proper showing of diligence (Slaven v. Heilman, 24 Neb., 646; Converse Cattle Co. v. Campbell, 25 Id., 37);…
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Error to the district court for Lancaster county. Tried below before Field, J. The right to be heard in defense of the issues between the parties is not a jurisdictional one, and the fact that the appellee may have the case dismissed on motion, shows that if such motion were not filed the court would have jurisdiction, all that is necessary to give the latter being a proper showing of diligence (Slaven v. Heilman, 24 Neb., 646; Converse Cattle Co. v. Campbell, 25 Id., 37); and such showing was made in this case. Section 1011 of the Code is not mandatory, but leaves the court a legal…
1Opinion of the CourtMaxwell, J.
This action was commenced by the defendant in error on the 17th day of October, 1888, before a justice of the peace to recover of the plaintiff in error the sum of $59, alleged to be due to said defendant in error for the board of one^Wm. Armstrong, which, as was alleged, the defendant in error agreed to pay. On the 24th day of October a trial of the issues was had before the justice, which resulted in a judgment in favor of the defendant in error and against the plaintiff for the sum of $69.40 damages and $3.95 costs.
*876Afterwards on the 26th day of October, 1888, the plaintiff filed with said…
2Cases cited1 opinion
- Dobson v. DobsonNebraska Supreme Court · 1878
3Cited by7 opinions
- Continental Building & Loan Ass'n v. MillsNebraska Supreme Court · 1895
- Lynde v. WurtzNebraska Supreme Court · 1946
- Barry v. BarryNebraska Supreme Court · 1894
- Bree Bros. v. FirestineNebraska Supreme Court · 1909
- Howard v. Goodrich Lodge Hall Ass'nNebraska Supreme Court · 1894
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