Bair v. People's Bank
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Broady, J. The description “ The People’s Bank,” plaintiff, is not sufficient under our statute (Code, sec. 24; B. & M. R. Go. v. Dick, 7 Neb., 213); security for costs was not given as required, hence the court acquired no jurisdiction. (Id.; Code, sec. 26.) There was apparently no bill of particulars as required by sec. 1086 of the Code, and therefore no pleading sufficient to support a judgment.
Read the full summary
Error to the district court for Gage county. Tried below before Broady, J. The description “ The People’s Bank,” plaintiff, is not sufficient under our statute (Code, sec. 24; B. & M. R. Go. v. Dick, 7 Neb., 213); security for costs was not given as required, hence the court acquired no jurisdiction. (Id.; Code, sec. 26.) There was apparently no bill of particulars as required by sec. 1086 of the Code, and therefore no pleading sufficient to support a judgment. The court lost jurisdiction of the persons of defendants. (Code, secs. 959, 960, 961, 970.) The provisions of the Code authorizing a…
1Opinion of the CourtMaxwell, J.
This action was brought by the defendant in error against the plaintiffs in error and O. C. Sabin in the county court of Gage county and judgment rendered in favor of the defendant in error. The case was then taken on error to the district court, where the judgment was affirmed. The record of the trial before the county court is as follows:
*579
“April 10, 1888.— Plaintiff files bill of particulars, claiming judgment against defendants in the sum of $100 and interest at ten per cent from November 11, 1886, as money due and unpaid on a certain promissory note. Summons issued to the sheriff of…
2Cases cited1 opinion
- Platte Valley Bank v. HardingNebraska Supreme Court · 1871
3Cited by3 opinions
- Hanna v. Emerson, Talcott & Co.Nebraska Supreme Court · 1895
- Miller v. MeekerNebraska Supreme Court · 1898
- Hobson v. CumminsNebraska Supreme Court · 1899