Kleffel v. Bullock
Nebraska Supreme Court
Error from the district court of Dodge county. The facts are given in the opinion. The proceedings in the case were not nullities, and the defendant in error having invoked the jurisdiction of the court, concealing the fact of his minority until after verdict, could not then avoid the consequence of refusing the offer of judgment.
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Error from the district court of Dodge county. The facts are given in the opinion. The proceedings in the case were not nullities, and the defendant in error having invoked the jurisdiction of the court, concealing the fact of his minority until after verdict, could not then avoid the consequence of refusing the offer of judgment. The irregularity was caused by the act and concealment of the defendant in error himself; it was his own wrong that he begun his action, appearing by attorney, instead of by guardian or next friend; and he might have asked for and obtained leave to amend, by having…
1Opinion of the CourtLake, J.
The defendant in error commenced an action in the county court for Bodge county against the plaintiff in error, to* recover on an account for goods furnished and labor performed, a balance claimed to be due of sixty-six dollars and ninety cents. Immediately upon *340being summoned, tbe plaintiff in error offered to confess a judgment for the sum of forty dollars, together with tbe costs then accrued, as provided in sec. 1004 of tbe code of civil procedure; by vyhich it is enacted that: “ If tbe defendant, at any time before trial, offer in writing to allow judgment to be taken against him for a…
2Cases cited1 opinion
- Bouche v. RyanIndiana Supreme Court · 1834
3Cited by7 opinions
- Clasen v. Pruhs ex rel. PruhsNebraska Supreme Court · 1903
- Fincham Ex Rel. Fincham v. MuellerNebraska Supreme Court · 1958
- Peterson Ex Rel. Peterson v. SkilesNebraska Supreme Court · 1962
- Flower v. Nichols Bros.Nebraska Supreme Court · 1898
- Underhill v. SheaNebraska Supreme Court · 1887
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