Enewold v. Olsen
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Irvine, J.' The opinion contains a statement of the case. But one Christian name is recognized by the courts. (Maxwell, Pleading & Practice, p. 87; Choenv. State, 52 Iud., 347; Phillips v. Evans, 64 Mo., 17.) Where parties are known by different names, either one may constitute the Christian name in contemplation of law.
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Error from the district court of Douglas county. Tried below before Irvine, J.' The opinion contains a statement of the case. But one Christian name is recognized by the courts. (Maxwell, Pleading & Practice, p. 87; Choenv. State, 52 Iud., 347; Phillips v. Evans, 64 Mo., 17.) Where parties are known by different names, either one may constitute the Christian name in contemplation of law. (Goodenow v. Tappan, 1 O., 63.) Service by one name or the other is good, and judgment based upon such service is valid. (Bliss, Code Pleading, sec. 146.) Where names are spelled differently, but…
1Opinion of the Court
Ragan, C.
On the 23d day of December, 1886, Lawrence C. Enewold brought suit on an account in the county court of Douglas county against one Olsen. In the petition filed Olsen was described as “ F. Olsen, full name unknown.” The sheriff’s return of the summons in the case was as follows: “On December 23, 1886, I received this writ, ■and on December 23, 1886, I served by leaving a certified copy of this writ and indorsements thereon at the usual place of residence of the within named F. Olsen, the defendant, in Douglas county, Nebraska.” The further proceedings of the county court in the case…
2Cases cited3 opinions
- Comparet v. HannaIndiana Supreme Court · 1870
- Kelly v. DonlinIllinois Supreme Court · 1873
- Wright v. SweetNebraska Supreme Court · 1880
3Cited by22 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Scarborough v. MyrickNebraska Supreme Court · 1896
- Butler v. SmithNebraska Supreme Court · 1909
- Slingluff v. GainerWest Virginia Supreme Court · 1901
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