Legal Opinion

Fitzgerald v. Morrissey

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 26 opinions

Error to the district court for Johnson county. Tried below before Weaver, J. cited: Osborn v. Farmers Bank, 16 Wis., 36. Bressler v. Pi/ndell, 12 Mich., 225. Brown v. Hazen, 11 Mich., 219. Walker v. Richards, 39 N. H., 259. Jaekson v. Raynor, 12 Johns., 291. Simpson v. Patten, 4 John., 422. Watson v. Ramdall, 20 Wend., 201. Stern v. Dinker, 2 E. D. Smith, 401. cited: Pose v. O’Linn, 10 Neb., 367. Olopper v. Poland, 12 Neb., 70. Dearborn v. Parks, 5 Greenleaf, 81. Serge v.…

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Error to the district court for Johnson county. Tried below before Weaver, J. cited: Osborn v. Farmers Bank, 16 Wis., 36. Bressler v. Pi/ndell, 12 Mich., 225. Brown v. Hazen, 11 Mich., 219. Walker v. Richards, 39 N. H., 259. Jaekson v. Raynor, 12 Johns., 291. Simpson v. Patten, 4 John., 422. Watson v. Ramdall, 20 Wend., 201. Stern v. Dinker, 2 E. D. Smith, 401. cited: Pose v. O’Linn, 10 Neb., 367. Olopper v. Poland, 12 Neb., 70. Dearborn v. Parks, 5 Greenleaf, 81. Serge v. Williams, 1 Saund., 211, note 2. Williams v. Leper, 3 Burr, 1886. Colt v. Pool, 17 Mass., 236.

1Opinion of the CourtMaxwell, J.

Morrissey brought an action against Fitzgerald in the district court of Johnson county, and for cause of action alleged in his petition in substance that on or about the first day of August, 1881, Fitzgerald was engaged in grading the roadbed of a railroad in Johnson county, and requiring the services of a large number of hands to aid him in performing said labor, promised Morrissey and others that if they would not abandon said work, which they were about to do, but would enter into the employment of said Fitzgerald and labor for him in grading said roadbed, that he would pay Morrissey and…

2Cases cited2 opinions

  1. Corn v. SimsCourt of Appeals of Kentucky · 1860
  2. Clopper v. PolandNebraska Supreme Court · 1881

3Cited by26 opinions

  1. Christian v. SmithNebraska Supreme Court · 2008
  2. City of Lincoln v. SmithNebraska Supreme Court · 1890
  3. Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
  4. Mackey v. SmithOregon Supreme Court · 1892
  5. Rogers v. Empkie Hardware Co.Nebraska Supreme Court · 1888

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