Homan v. Hellman
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Hopewell, J. Where decree has once been entered, no supplemental order can be made without notice, and the findings in the original decree are conclusive upon the parties thereto. (Mulvey v. Carpenter, 78 111., 586;’ Blalce v. McMurtry, 25 Neb., 291; Symns v. Noxon, 29 Id., 404.) The amendment of the petition did not change the object of the action, which was the enforcement of plaintiffs’ right to the land.
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Error to the district court for Douglas county. Tried below before Hopewell, J. Where decree has once been entered, no supplemental order can be made without notice, and the findings in the original decree are conclusive upon the parties thereto. (Mulvey v. Carpenter, 78 111., 586;’ Blalce v. McMurtry, 25 Neb., 291; Symns v. Noxon, 29 Id., 404.) The amendment of the petition did not change the object of the action, which was the enforcement of plaintiffs’ right to the land. It h4s been the practice of this court to permit such amendment. (McKeighan v. Hopldns, 14 Neb., 361; S. C., 19 Id., 33;…
1Opinion of the Court
Maxwell, Ch. J.
In March, 1887, the defendant in error brought an action in the district court of Douglas county against the plaintiffs in error to remove a cloud and quiet the title to the northwest quarter of the northeast quarter of séction 34, township 16 north, of range 13 east, in Douglas county. An amended answer was filed by the defendant below in which he alleged that the plaintiff below was not in possession of the land, and therefore could not maintain an action to quiet title, and the court so held. The plaintiff below thereupon asked leave to amend his petition so as to bring the…
2Cases cited6 opinions
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- McKeighan v. HopkinsNebraska Supreme Court · 1883
- Roberts v. SwearingenNebraska Supreme Court · 1879
- Gregory v. Lancaster County BankNebraska Supreme Court · 1884
- Gourley v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Criswell v. CriswellNebraska Supreme Court · 1917
- Finlayson v. PetersonNorth Dakota Supreme Court · 1902
- Scroggin v. JohnstonNebraska Supreme Court · 1895