Volland v. Baker
Nebraska Supreme Court
Error to the district court for Webster county. Tried below before Gaskin, J. A cause must be tried in the district courUon the same issues as in the lower court, and a motion to strike .from the pleadings such matters as were not raised below is proper.
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Error to the district court for Webster county. Tried below before Gaskin, J. A cause must be tried in the district courUon the same issues as in the lower court, and a motion to strike .from the pleadings such matters as were not raised below is proper. (O’Leary v. Iskey, 12 Neb., 137; Courtnay v. Price, Id., 188; Fuller v. Schroeder, 20 Id., 636; Sells v. Haggard, 21 Id., 360.) Plaintiff was not damaged because he had paid nothing and was insolvent; hence, he could not recover. (Aultman v. Jett, 42 Wis., 488; Aultman v. Hetherington, Id., 622; Marsh Harv. Co. v. Sturm, 13 Neb., 210; 1…
1Opinion of the Court
Cobb, Ch. J.
This action was originally brought September 10,1886, in the county court of said county, by Joseph Baker against George J. Volland, claiming that on March 22, 1884, he purchased a team of horses of the defendant for $350, which defendant warranted to be sound and free *393from disease; that he thoroughly relied on said warranty and believed the same to be true, and alleged that said representation and warranty were false and untrue in that one of said horses had a disease akin to glanders, commonly called button farcy, and was of no value, and to the damage of the plaintiff to the…
2Cases cited5 opinions
- Long v. ClappNebraska Supreme Court · 1884
- Sycamore Marsh Harvester Manufacturing Co. v. SturmNebraska Supreme Court · 1882
- Union Pacific Railway v. OgilvyNebraska Supreme Court · 1886
- Aultman v. JettWisconsin Supreme Court · 1877
- Dunbar v. BriggsNebraska Supreme Court · 1882
3Cited by2 opinions
- Patterson v. Orangeburg Fertilizer Co.Supreme Court of South Carolina · 1921
- People's National Bank of Rock Island v. GeisthardtNebraska Supreme Court · 1898