Omaha & Florence Land & Trust Co. v. Parker
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Hopewell, J. This is an action in personam and does not fall within sec. 17 of the Code. (Manlcin v. Chandler, 2 Brock. [U. 5.], 125; Mills v. Caldwell, 2 Wall. [U. S.], 41; Watkins v. Reed, 30 Fed. Rep. [Kan.], 908; Wood, Dim.
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Error to the district court for Douglas county. Tried below before Hopewell, J. This is an action in personam and does not fall within sec. 17 of the Code. (Manlcin v. Chandler, 2 Brock. [U. 5.], 125; Mills v. Caldwell, 2 Wall. [U. S.], 41; Watkins v. Reed, 30 Fed. Rep. [Kan.], 908; Wood, Dim. Actions, sec. 252; Bass v. Bass, 6 Pick. [Mass.], 362; Jordan v. Robinson, 15 Me., 167; Keith v.Estill, 9 Port. [Ala.], 669; Bedell v. Janney, 4 Gilm. [111.], 193; Elder v. Bradley, 2 Sneed [Tenn.], 247.) An employe is not an occupant within the rule governing ejectment. (Chiniquy v. Bishop of Chicago,…
1Opinion of the Court
Maxwell, Ch. J.
This action was brought in the district court of Douglas county by the plaintiff against the defendant to recover the possession of “outlots” 226. and 227 in the city of Florence. The answer contained, first, “a general denial”; second, “a plea of title in the defendant, and the statute of limitations.” To this answer a reply was filed setting forth, among other things:
“ First — A denial that the statute had barred the action.
“Second — Further replying, plaintiff alleges that said defendant is now, and for fifteen years last past has been, a non-resident of Nebraska, and has…
2Cases cited3 opinions
- Sage v. HawleySupreme Court of Connecticut · 1844
- Gartrell v. StaffordNebraska Supreme Court · 1882
- Blodgett v. UtleyNebraska Supreme Court · 1875
3Cited by15 opinions
- Da Shores v. Dl LindseyWyoming Supreme Court · 1979
- Lyke v. AndersonAppellate Division of the Supreme Court of the State of New York · 1989
- Dalition v. LangemeierNebraska Supreme Court · 1994
- Bartels v. Anaconda Co.South Dakota Supreme Court · 1981
- Keith-O'Brien Co. v. SnyderUtah Supreme Court · 1917
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