Burlington & Missouri River Railroad v. Robert Dick & Son
Nebraska Supreme Court
Error to the district court for Saline county. The case is stated in the opinion. It is the common law that a partnership, as such, cannot maintain an action as a partnership. A suit by initials, except where expressly authorized by statute, is a fatal description of the person.
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Error to the district court for Saline county. The case is stated in the opinion. It is the common law that a partnership, as such, cannot maintain an action as a partnership. A suit by initials, except where expressly authorized by statute, is a fatal description of the person. Serf & Go. v. Shulze, 10 Ohio, 264. An action can be brought in this state by a partnership as such, only by reason of a special and peculiar statute which fully sets out the special facts that must exist and the things that must be done by a party desiring to make this special permission available. Gen. Stat., 527 §§…
1Opinion of the Court
Gantt, Ch. J.
This action was commenced before the county judge, “exercising the ordinary powers and jurisdiction of a justice of the peace,” by defendants in error against plaintiff in error, for the possession of certain personal property and for damages for the detention thereof. The property was replevied and delivered to defendants in error. The plaintiff in error appeared specially and ex cepted to the jurisdiction of the judge for want of proper parties, but the exceptions were overruled, and the judge found for the defendants in error and entered judgment accordingly, and for damages…
2Cases cited1 opinion
- Lease v. VanceSupreme Court of Iowa · 1870
3Cited by7 opinions
- Allis-Chalmers Co. v. Iron Molders' Union No. 125U.S. Circuit Court for the District of Eastern Wisconsin · 1906
- Hurley v. Brotherhood of Railroad TrainmenNebraska Supreme Court · 1946
- Church v. D. R. Callihan & Co.Nebraska Supreme Court · 1896
- Morse v. MayberryNebraska Supreme Court · 1968
- Small v. SandallNebraska Supreme Court · 1896
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