Horn v. Queen
Nebraska Supreme Court
This was an appeal from a decree rendered by Hon. S. B. Pound, sitting in the district court of Lancaster county, granting a new trial to the plaintiff, in an action before a justice of the peace wherein he was defendant. The case came before this court upon demurrer to the petition and is reported in 4 Neb., 108. A motion to dismiss the appeal was made and overruled, the following opinion being filed: Lake, Oh.
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This was an appeal from a decree rendered by Hon. S. B. Pound, sitting in the district court of Lancaster county, granting a new trial to the plaintiff, in an action before a justice of the peace wherein he was defendant. The case came before this court upon demurrer to the petition and is reported in 4 Neb., 108. A motion to dismiss the appeal was made and overruled, the following opinion being filed: Lake, Oh. J. A motion is made in this case to dismiss the appeal for two reasons: First, that the action is not a proceeding in equity. Second, because it does not appear that a final judgment…
1Opinion of the CourtGantt, J.
It appears from the record that, on the 18th day of January, 1873, the defendant commenced an action against the plaintiff, before a justice of the peace, in the city of Lincoln, to recover damages for an alleged trespass in entering upon land and taking and carrying away some oats. The summons was served by leaving a copy thereof at the residence of the plaintiff; the time fixed for the trial of the case was the 25th day of the same month, at ten o’clock. A. M., and at that time judgment was rendered against the plaintiff. The plaintiff brought this suit by petition in equity to set aside…
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