Shufeldt v. Gandy
Nebraska Supreme Court
Appeal from the district court for Richardson county. Heard below before Bkoady, J. cited: Freeman, Judgments, sec. 547, 557; Caley v. Morgan, 114 Ind., 350, 355; Weigley v. Matron, 125 111., 64; 1 High, Injunction, secs. 2, 113, 127, 130; 2 Story, Eq. Jur., secs. 875, 1574; Carrington v. Holabird,\7 Conn., 530, 539; Ramseur v. Brownell, 12 S. W. Rep. [Ark.], 200; Mason v. Williams, 5 Am. Dec. [Va.], 505.
1Opinion of the CourtPost, J.
It was held on a former appeal in this case that the petition did not state facts which would entitle the plaintiffs *33to relief in equity against the judgments complained of. (See 25 Neb., 602.) An amended petition was subsequently filed and a second trial had, and defendant again appeals.
We deem it unnecessary to notice the first question argued, namely, the sufficiency of the amended petition, since in our judgment there is a failure of proof and defendant is entitled to judgment on that ground.
On the 11th day of October, 1887, B. E. Berry, a justice of the peace for Richardson county,…
2Cases cited2 opinions
- Miller v. MorseMichigan Supreme Court · 1871
- Shufeldt v. GandyNebraska Supreme Court · 1889
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