Rogers v. Omaha Hotel Co.
Nebraska Supreme Court
This was an appeal from a judgment of the district court for Douglas County, brought into this court under the provisions of the act of Mar. 3,1873, Gen. Stat., 716. No notice of appeal was given and the transcript filed in this court did not contain the testimony adduced on the trial of the cause in the court below. Docme for Appellees moved to dismiss the appeal for these reasons.
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This was an appeal from a judgment of the district court for Douglas County, brought into this court under the provisions of the act of Mar. 3,1873, Gen. Stat., 716. No notice of appeal was given and the transcript filed in this court did not contain the testimony adduced on the trial of the cause in the court below. Docme for Appellees moved to dismiss the appeal for these reasons. Pending the argument upon the motion to dismiss the appeal, Woolworth of counsel for Appellant, without withdrawing the papers in the appeal case, filed a petition in error, which Doane likewise moved to dismiss.…
1Opinion of the CourtMaxwell, J.
On the fourth day of September, 1872, Milton Eogers filed his petition in the district court of Douglas county against the Omaha Hotel Company, and lien-holders thereon, seeking to foreclose a mortgage on the hotel owned by said company. Samuel Cafferty, Eichard Withnell and John Withnell, three of the defendants answered said petition, setting forth that they and one .Kahler had furnished certain materials and performed certain labor in and about the erection of said hotel, in pursuance of a written contract, and that on the ninth day of November, 1872, they filed an account of such labor…
2Cases cited1 opinion
- Greenby v. WilcocksNew York Supreme Court · 1806
3Cited by17 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- State ex rel. Board of Transportation v. Fremont, Elkhorn & Valley R. R.Nebraska Supreme Court · 1887
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- McIntosh v. JohnsonNebraska Supreme Court · 1897
- Duncan v. HawnCalifornia Supreme Court · 1894
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