Brandt v. Albers
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. It was error to render judgment in favor of Gerhardt Albers. He was beyond the jurisdiction of the court. Being dead he was but a fictitious person, and the judgment is a nullity.
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Error to the district court for Lancaster county. Tried below before Pound, J. It was error to render judgment in favor of Gerhardt Albers. He was beyond the jurisdiction of the court. Being dead he was but a fictitious person, and the judgment is a nullity. Ford v. Doyle, 37 Cal., 346. MeKvnlay v. Tuttle, 43 Cal., 572. Tov/ng v. Piehens, 45 Miss., 553. McCreery v. Everding, 44 Cal., 284. cited Freeman on Judgments, Sec. 153. Gregory v. Haynes, 13 Cal., 591. MeCreery v. Everding, 44 Cal., 284. Btoeisell v. Fullerton, 44 111., 108. Colemcm v. MeAnulty, 16 Mo., 173.
1Opinion of the Court
Lake, Ch. J.
This case comes here by petition in error. The action in the court below was brought on a promissory note, executed by the plaintiff in error jointly with one John Engel, and payable to the defendant in error.
To the petition Brandt answered: First, ThatAlbérs was not the owner of the note, and second, that prior to the commencement of this action one Frank Larrabee had brought suit against him thereon, before a justice of the peace, in which judgment was rendered in his favor, dismissing the case. There is no allegation, however, to the effect that Albers had assigned the note to…
2Cases cited1 opinion
- Gregory v. HaynesCalifornia Supreme Court · 1859
3Cited by2 opinions
- Omaha Furniture & Carpet Co. v. MeyerNebraska Supreme Court · 1908
- Eadie v. EadieMontana Supreme Court · 1911