Hawley v. Robeson
Nebraska Supreme Court
Error to the district court for Dodge county. Tried below before George W. Post, J. Demand must be made after expiration of lease, and while the tenant holds unlawfully.
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Error to the district court for Dodge county. Tried below before George W. Post, J. Demand must be made after expiration of lease, and while the tenant holds unlawfully. Prickett v. Biller, 16 111., 96. Doran v. Gillespe, 54 111., 366. Clasp v. Paine, 18 Maine, 264. Smith v. Bowe, 31 Maine, 212. The parol evidence of contents of notice to quit was inadmissible. 1 Greenleaf, § 558. cited: Maxwell’s Justice, 249. Swan’s Justice, 249. Leutzey v. Herchelrode, 20 Ohio State, 334. Cases cited by plaintiff are inapplicable, being rendered under statutes different from ours. Secor v. Pertana, 49…
1Opinion of the CourtCobb, J.
This is an action of unlawful detention tried before a justice of the peace of Dodge county. Judgment was rendered for the plaintiff. The cause was thereupon taken to the district court on error, where the judgment of the justice was affirmed, and the defendant brings the cause to this court on error.
The plaintiff (defendant in error) moved in this court to strike the bill of exceptions from the files, and assigned sundry grounds for such motion. I do not think that it would be conducive to a correct practice to examine these grounds on their merits. It does not appear that any exception was…
2Cited by5 opinions
- Connell v. ChambersNebraska Supreme Court · 1887
- McLain v. CalkinsSupreme Court of Iowa · 1889
- Sedgwick v. DurhamNebraska Supreme Court · 1895
- Alloway v. AikenNebraska Supreme Court · 1946
- Graves v. Norfolk National BankNebraska Supreme Court · 1895