Cobbey v. Burks
Nebraska Supreme Court
Error to the district court for Gage county. It was an action brought to recover the penalty imposed for taking of illegal fees by Gen. Stat., 885. Comp. Stat., 280. Plaintiff had judgment, and Cobbey, defendant, then brought the cause up by petition- in error. A party cannot by contract abridge or sign away his statutory rights.
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Error to the district court for Gage county. It was an action brought to recover the penalty imposed for taking of illegal fees by Gen. Stat., 885. Comp. Stat., 280. Plaintiff had judgment, and Cobbey, defendant, then brought the cause up by petition- in error. A party cannot by contract abridge or sign away his statutory rights. Curtis v. O’Brien, 20 la., 876. Gittings v. Baker, 2 Ohio St., 21. To incur the penalty imposed by statute, the act must be knowingly and corruptly done, whether the statute provides so or not. Triplett v. Munter, 50 Cal., 644. Haynes v. Hall, 27 Vt., 30. Graham v.…
1Opinion of the CourtCobb, J.
The plaintiff in error makes five points against the judgment, which I will examine in their order.
“1. That the court erred in requiring the plaintiff in error — defendant in the lower court — to answer the plaintiff’s petition in this action on the 25th of October, 1880, against the defendant’s objection and protest, * * * the said case being an appeal case from a justice’s court, and the said term of the district court being the first term of said district court after the rendition of the judgment in the justice’s court, and the said defendant being entitled to have until the third Monday…
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