Violet v. Rose
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. The facts are stated by the commissioner. Denial of plaintiff’s request to withdraw a juror was such an abuse of discretion as entitles plaintiff to a new trial. (Maxwell, Pleading & Practice, 429: People v. Judges, 8 Cow. [N. Y.], 126.) Defendant was not qualified as an expert to testify to the handwriting of Mrs. McCurday. (Rogers v. Ritter, 12 Wall. [ü.
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Error from the district court of Lancaster county. Tried below before Hall, J. The facts are stated by the commissioner. Denial of plaintiff’s request to withdraw a juror was such an abuse of discretion as entitles plaintiff to a new trial. (Maxwell, Pleading & Practice, 429: People v. Judges, 8 Cow. [N. Y.], 126.) Defendant was not qualified as an expert to testify to the handwriting of Mrs. McCurday. (Rogers v. Ritter, 12 Wall. [ü. S.], 321.) The admission in evidence of a letter purporting to be written by Mrs. McCurday, without proof of signature, was error. (Oartrell v. Stafford, 12…
1Opinion of the Court
Irvine,'C.
Thé plaintiff- in error sued the defendant in error upoii a promissory note dated April 9, 1889, and alleged to have been made and delivered by the defendant to Hiram M. McCurday, and payable to his order one year after date. Plaintiff alleged that on October 22, 1889; McCurday indorsed the note as follows: “I hereby assign the within note to John M. Violet and authorize him to collect the same. H. M. McCurday,” and delivered the note to plaintiff. Rose answered substantially as follows:
Eirst — Denying the indorsement and alleging that Mc-Curday was the owner and the real party in…
2Cases cited33 opinions
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Consaul v. SheldonNebraska Supreme Court · 1892
- Allen v. AtkinsonMichigan Supreme Court · 1870
- Wasson v. PalmerNebraska Supreme Court · 1882
- Missouri Valley Land Co. v. BushnellNebraska Supreme Court · 1881
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3Cited by24 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Keene v. BehanWashington Supreme Court · 1905
- Palmer v. SawyerNebraska Supreme Court · 1905
- Central National Bank v. EricsonNebraska Supreme Court · 1912
- Seaver v. HallNebraska Supreme Court · 1897
19 more not listed; retrieve them via the Exa API.