Legal Opinion

Mead v. Weaver

Nebraska Supreme Court

Decided October 3, 1894No. 5784PublishedCited by 2 opinions

Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of the case. The court erred in refusing to admit testimony as to conversations with E. W. Whipple, deceased. (Shain v. Forbes, 23 Pac. Rep. [Cal.], 198; Hess v. Lowery, 122 Ind., 225; Kansas Mfg.

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Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of the case. The court erred in refusing to admit testimony as to conversations with E. W. Whipple, deceased. (Shain v. Forbes, 23 Pac. Rep. [Cal.], 198; Hess v. Lowery, 122 Ind., 225; Kansas Mfg. Co. v. Wagoner, 25 Neb., 442; Bates v. Forcht, 1 S. W. Rep. [Mo.], 120; Magenau v. Bell, 13 Neb., 249; Wolf v. Madden, FI N. W. Rep. [Ia.], 981; Apperson v. Exchange Bank, 10 S. W. Rep. [Ky.], 801.) The attorney should not be allowed to recover. (Hopping v. Quin, 12 Wend. [N. Y.], 517;…

1Opinion of the Court

Ryan, C.

This action was begun in the county court of Douglas county by Ernest W. Whipple and Frank L. Weaver, as partners doing business in the name and style of Whipple & Weaver. After an appeal had been taken to the district court, the death of Ernest W. Whipple was suggested, and on motion it was ordered that the case proceed in the name of Frank L. Weaver, the remaining party plaintiff. In *151the petition it was averred that plaintiffs were practicing attorneys,' and that during the month of December, 1888, the defendant William D. Mead placed certain notesj secured’by two mortgages, in the…

2Cases cited4 opinions

  1. Dow v. Updike Bros.Nebraska Supreme Court · 1881
  2. Wamsley v. CrookNebraska Supreme Court · 1874
  3. Housel v. CremerNebraska Supreme Court · 1882
  4. Magemau & Co. v. BellNebraska Supreme Court · 1882

3Cited by2 opinions

  1. Kroh v. HeinsNebraska Supreme Court · 1896
  2. Jacob North & Co. v. AngeloNebraska Supreme Court · 1905

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