Ball v. Beaumont
Nebraska Supreme Court
Error from the district court of Perkins county. Tried below before Grimes, J. argued that averments in the answer may cure a complaint defective in material allegations, citing Ogden v. Ogden, 60 Ark., 70; Lyon v. Logan, 68 Tex., 521; Haggard v. Waller, 6 Nebr., 271; Insurance Go. v. Kelley, 24 O. St., 345. While it was true that under the Code, as at common law, the petition should show a promise, the word “promise” need not be used, for tlie law always implies a promise…
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Error from the district court of Perkins county. Tried below before Grimes, J. argued that averments in the answer may cure a complaint defective in material allegations, citing Ogden v. Ogden, 60 Ark., 70; Lyon v. Logan, 68 Tex., 521; Haggard v. Waller, 6 Nebr., 271; Insurance Go. v. Kelley, 24 O. St., 345. While it was true that under the Code, as at common law, the petition should show a promise, the word “promise” need not be used, for tlie law always implies a promise to do that which a party is legally liable to perform. See Andrew’s Stephen’s Pleading, p. 86. argued that, in an action…
1Opinion of the CourtSullivan, J.
This action was commenced in the county court of Perkins county and removed thence by appeal. The bill of particulars upon which the case was tried alleged that the plaintiff, J ames P. Rail, on- October 4, 1892, paid to the Delaware County State Bank of Manchester, la., for the use of Beaumont and Penn, and at their request, the sum of $800, by reason of which fact there was due him $834, with interest thereon at eight per cent from April 1,1893.
In the petition filed in the district court, the cause of action was stated as follows.- “The plaintiff alleges that on the 15th day of April 1893,…
2Cases cited5 opinions
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Kraner v. HalseyCalifornia Supreme Court · 1889
- Grannis v. HookerWisconsin Supreme Court · 1871
- The Jordan and Skaneateles Plankroad Company v. . MorleyNew York Court of Appeals · 1861
- Busta v. WardallSouth Dakota Supreme Court · 1892
3Cited by5 opinions
- Filer v. StatzNebraska Supreme Court · 1944
- Genau v. AbbottNebraska Supreme Court · 1903
- Umberger v. SankeyNebraska Supreme Court · 1951
- Ternes v. WatkeNebraska Supreme Court · 1938
- Ball v. BeaumontNebraska Supreme Court · 1905