Dietz v. Lymer
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of ^Nebraska. This was a suit brought by the receiver of the City National Bank of Hastings, Neb., against Charles N. Dietz, one of its depositors, to recover a balance of $2,237.78, which was alleged to be due and owing to Ihe bank.
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In Error to the Circuit Court of the United States for the District of ^Nebraska. This was a suit brought by the receiver of the City National Bank of Hastings, Neb., against Charles N. Dietz, one of its depositors, to recover a balance of $2,237.78, which was alleged to be due and owing to Ihe bank. Attached to the petition as an exhibit was a,n itemized account of the transactions between the parties, which showed an overdraft by the depositor to the amount last above stated. The defendant filed an answer to the petition, in which he denied that he was indebted to the bank in the sum…
1Opinion of the CourtThayer, District Judge
The defendant below has assigned for error the action of the circuit court in sustaining the several motions to make the answer more certain, and to strike out parts of the answer because they were too indefinite. He has also assigned for error the action of the trial court in requiring the defendant to pay certain costs as a condition precedent to filing an amended answer after the referee’s report had been returned into court. These assignments of error cannot be noticed in this court, for the reason that they relate to matters in which the action of the trial court was purely…
2Cases cited8 opinions
- Railway Co. v. HeckSupreme Court of the United States · 1880
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Dundee Mortgage & Trust Investment Co. v. HughesSupreme Court of the United States · 1888
- Doswell v. De La LanzaSupreme Court of the United States · 1858
- Davis v. PatrickCourt of Appeals for the Eighth Circuit · 1893
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3Cited by16 opinions
- Chicago Great Western R. v. ValleyCourt of Appeals for the Eighth Circuit · 1916
- Lange v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1903
- F. C. Austin Mfg. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1898
- Tiernan v. Chicago Life Ins.Court of Appeals for the Eighth Circuit · 1914
- Ghost v. United StatesCourt of Appeals for the Eighth Circuit · 1909
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