Smith v. Johnson
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Hamer, J. There is a statement of the case in the opinion. The failure to file an affidavit for publication deprived the justice of the peace of jurisdiction and his judgment was void. (Maxwell, Justice Practice [ed. 1889], 330; Code, secs. 59, 60, 78, 932; Blair o. West Point Mfg.
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Error from the district court of Buffalo county. Tried below before Hamer, J. There is a statement of the case in the opinion. The failure to file an affidavit for publication deprived the justice of the peace of jurisdiction and his judgment was void. (Maxwell, Justice Practice [ed. 1889], 330; Code, secs. 59, 60, 78, 932; Blair o. West Point Mfg. Co., 7 Neb., 147.) Had the justice of the peace acquired jurisdiction, no valid personal judgment based upon constructive service could have been rendered. (Smith v. Griffin, 59 la., 409; Lutz v. Kelly, 47 la., 307.) When the exemption affidavit…
1Opinion of the CourtHarrison, J.
The plaintiffs commenced an action in the district court of Buffalo county, alleging in the petition filed therein that they were husband and wife, residents of the state of Nebraska; and that M. R. Smith was the head of a family; that on or about June 11, 1889, they were the owners and in possession of certain goods and chattels, a list of which was attached to the petition, from which it appeared that it was composed almost entirely of household furniture, etc., and all of the valué of $137.10; that on or about said 11th day of June, 1889, N. H. Johnson instituted an action against the…
2Cases cited9 opinions
- Hoggett v. EmersonSupreme Court of Kansas · 1871
- Field v. AdreonCourt of Appeals of Maryland · 1854
- Douch v. RahnerIndiana Supreme Court · 1877
- Hamilton v. FlemingNebraska Supreme Court · 1889
- Schaller v. KurtzNebraska Supreme Court · 1889
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3Cited by8 opinions
- AVG Partners I v. Genesis Health ClubsNebraska Supreme Court · 2020
- Johnson v. NethNebraska Supreme Court · 2008
- Green v. RhodesCourt of Appeals of Georgia · 1910
- People v. LitteralMichigan Court of Appeals · 1977
- Wife v. HusbandCourt of Chancery of Delaware · 1970
3 more not listed; retrieve them via the Exa API.