Tolles v. Meyers
Nebraska Supreme Court
Error.from the district court for Cedar county. Tried below before Craves, J. The court erred in overruling defendant’s motion to require plaintiff to make his petition more definite, specific and certain, in that he be required to set out in what manner the stallion killed the mare.
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Error.from the district court for Cedar county. Tried below before Craves, J. The court erred in overruling defendant’s motion to require plaintiff to make his petition more definite, specific and certain, in that he be required to set out in what manner the stallion killed the mare. Section 125 of the Code of Civil Procedure provides: “And when the allegations of a pleading are so indefinite and uncertain that the precise nature of the charge or defense is not apparent, the court may require the pleading to be made definite and certain by amendment.” There is absolutely nothing in the…
1Opinion of the Court
Albert, C.
This action was brought by Charles T. Meyers against Louis C. Tolies to recover damages for the loss of a mare, alleged to have been occasioned by the negligence of the defendant. The petition, after alleging plaintiff’s ownership of the mare, and a contract between the plaintiff and the defendant for breeding the mare to a stallion belonging to the defendant, charges negligence, and* the consequent loss of the mare, in the following language: “That on said day, the said Earl Tolies, while in the service and under the instructions of the defendant, undertook to allow said stallion…
2Cited by3 opinions
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- Cowan v. StokerUtah Supreme Court · 1941