Legal Opinion

Waters v. Reuber

Nebraska Supreme Court

Decided January 15, 1884PublishedCited by 9 opinions

Error to the district court for Hamilton county., Tried below before Nor val, J. The verdict of the jury found the right of possession of the property in dispute to be in the defendant in error, and awarded him $50 damages. Building was part of freehold. 1 Washburn on Real Property, §§ 5-7 and 148. Orest v. Jack, 27 Am. Dec., 353, and cases cited. Lunquist v. Teneych, 40 Iowa, 219. Huebschmann v. McHenry, 29 Wis., 655. Warner v. Fountain, 28 Id., 405. W. TJ. Tel. Co. v. ’Ry.

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Error to the district court for Hamilton county., Tried below before Nor val, J. The verdict of the jury found the right of possession of the property in dispute to be in the defendant in error, and awarded him $50 damages. Building was part of freehold. 1 Washburn on Real Property, §§ 5-7 and 148. Orest v. Jack, 27 Am. Dec., 353, and cases cited. Lunquist v. Teneych, 40 Iowa, 219. Huebschmann v. McHenry, 29 Wis., 655. Warner v. Fountain, 28 Id., 405. W. TJ. Tel. Co. v. ’Ry. Co., 11 Fed. Rep., 7. Stillman v. Flinker, 10 N. W. Rep., 842. Ewell ■on Fixtures, 57. Seymore v. Watson, 5 Blackf.,…

1Opinion of the CourtReese, J.

This was an action of replevin instituted in the county court of Hamilton county, wherein the defendant in error claimed the possession of “one frame building now in *101process of erection, size 22x50, with the appurtenances thereto belonging, and of the value of $350.” An order of replevin was issued, but the appraised value of the property being more than $500, the cause was certified to the district court without further proceedings. In the district court the defendant in error filed his petition, in which the property in controversy was described as “all the lumber, laths, shingles, nails,…

2Cases cited4 opinions

  1. Little v. WillfordSupreme Court of Minnesota · 1883
  2. Dietrichs v. Lincoln & Northwestern R. R.Nebraska Supreme Court · 1882
  3. Board of Commissioners of Rush County v. StubbsSupreme Court of Kansas · 1881
  4. School District No. 36 v. McIntieNebraska Supreme Court · 1883

3Cited by9 opinions

  1. Frost v. SchinkelNebraska Supreme Court · 1931
  2. Eldridge v. HoeferOregon Supreme Court · 1904
  3. Fuel Exploration, Inc. v. NovotnyNebraska Supreme Court · 1985
  4. Bank of Valley v. United States National BankNebraska Supreme Court · 1983
  5. Saver's Bank v. AndersonSupreme Court of New Hampshire · 1984

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