Stewart v. Rosengren
Nebraska Supreme Court
Error from the district court for Lancaster county. Action in the nature of assumpsit for services as an attorney and counselor at law. Tried below before Cornish, J. Verdict and judgment below for defendants. Plaintiff brings error. The vital question was as to misjoinder of parties.
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Error from the district court for Lancaster county. Action in the nature of assumpsit for services as an attorney and counselor at law. Tried below before Cornish, J. Verdict and judgment below for defendants. Plaintiff brings error. The vital question was as to misjoinder of parties. The test for determining whether an action is rightly brought in one county against the defendant' found and served therein, so that others made defendants thereto may be served in another county,- is whether the defendant served in the county in which the action is brought, is a bona-fide defendant to that…
1Opinion of the Court
Pound, 0.
Stewart brought this action against Rosengren and Anderson in Lancaster county. Anderson resides and was served in that county, while Rosengren resides in Saunders county; and a summons Was issued, directed to the sheriff of the latter county, and served upon him therein. In his answer, Rosengren set up these facts, among other things, and alleged that Anderson was a mere nominal defendant as to the controversy between himself and Stewart, without any real or substantial interest therein, and that he had been joined collusively for the purpose of enabling Stewart to sue Rosengren in…
2Cases cited4 opinions
- Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
- State v. UlrichSupreme Court of Missouri · 1892
- Searls v. KnappSouth Dakota Supreme Court · 1894
- St. Louis, Ft. Scott & Wichita Railroad v. MartinSupreme Court of Kansas · 1883
3Cited by11 opinions
- Fisher v. FiskeSupreme Court of Oklahoma · 1923
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- Ravenna Bank v. Custom UnlimitedNebraska Supreme Court · 1986
- Penney v. BryantNebraska Supreme Court · 1903
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