Legal Opinion

Kiene v. Shaeffing

Nebraska Supreme Court

Decided September 22, 1891PublishedCited by 5 opinions

Error to the district court for Boone county. Tried below before Tiffany, J. cited: Peter v. Compton, 1 Smith’s Lead. Cas. [8th Am. Ed.], 614; Brown, Stat. of Frauds [4th Ed.], 332; 3 Parsons, Cont. [6th Ed.], 39, 57; Stone v. Dennison, 13 Pick. [Mass.], 1. cited: Connolly v. Giddings, 24 Neb., 131; Walker v. JR,. Co., 1 S. E. Rep. [S. Car.], 336; Bullock v. Turnpike Co., 3 S. W. Rep. [Ky.], 129; R. Co. v. Scott, 10 S. W. Rep. [Tex.], 99; 1 Addison, Cont. [Am.

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Error to the district court for Boone county. Tried below before Tiffany, J. cited: Peter v. Compton, 1 Smith’s Lead. Cas. [8th Am. Ed.], 614; Brown, Stat. of Frauds [4th Ed.], 332; 3 Parsons, Cont. [6th Ed.], 39, 57; Stone v. Dennison, 13 Pick. [Mass.], 1. cited: Connolly v. Giddings, 24 Neb., 131; Walker v. JR,. Co., 1 S. E. Rep. [S. Car.], 336; Bullock v. Turnpike Co., 3 S. W. Rep. [Ky.], 129; R. Co. v. Scott, 10 S. W. Rep. [Tex.], 99; 1 Addison, Cont. [Am. Ed.], 318, sec. 212.

1Opinion of the CourtMaxwell, J.

This action was brought by the plaintiff against the defendant to recover the sum of $190 excess of money paid for wages unearned. An itemized copy of the account is set out in the petition.

The defendant in his answer “ admits that he received the various items of account set out in the plaintiff’s petition, and that he performed the services therein mentioned. But the defendant avers that the said services were rendered upon an oral contract entered into by and between the plaintiff and the defendant, whereby it was mutually agreed and understood between said parties that the defendant was…

2Cases cited6 opinions

  1. Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
  2. Walker v. JohnsonSupreme Court of the United States · 1878
  3. Kimmins v. OldhamWest Virginia Supreme Court · 1885
  4. La Du-King Manufacturing Co. v. La DuSupreme Court of Minnesota · 1887
  5. Hinkle v. FisherIndiana Supreme Court · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Carter White Lead Co. v. KinlinNebraska Supreme Court · 1896
  2. Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
  3. Kansas City, Wyandotte & Northwestern Railroad v. ConleeNebraska Supreme Court · 1894
  4. Johnson v. First Trust Co.Nebraska Supreme Court · 1933
  5. Riiff v. RiibeNebraska Supreme Court · 1903

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