Munro v. Callahan
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Dueeie, J. The opinion contains a statement of the case. The petition is demurrable, because (1) a court of equity is without jurisdiction, there being an adequate remedy at law; (2) because it does not state facts sufficient to constitute a cause of action; (3) and because it shows that plaintiff has been guilty of gross negligence, which would deprive him of equitable relief.
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Appeal from the district court of Douglas county. Heard below before Dueeie, J. The opinion contains a statement of the case. The petition is demurrable, because (1) a court of equity is without jurisdiction, there being an adequate remedy at law; (2) because it does not state facts sufficient to constitute a cause of action; (3) and because it shows that plaintiff has been guilty of gross negligence, which would deprive him of equitable relief. (McClure v. Warner, 16 Neb. 447; Gibson v. Parlin, 13 Neb. 292; Burlington & M. B. R. Go. v. Kearney County, 17 Neb. 511; Cheney v. Dunlap, 27 Neb.…
1Opinion of the Court
Eagan, C.
June 25, 1892, on the complaint of Delia A. Callahan, George F. Munro was by the district court of Douglas county adjudged to be the father of the former’s illegitimate child. From this judgment Munro prosecuted a proceeding in error to this court, which affirmed the judgment of the district court. (Munro v. Callahan, 41 Neb. 849.) Subsequently, on December 6, 1894, Munro filed a petition in the district court of Douglas county against Callahan reciting the record and proceedings of the former suit and alleging, among other things, that Callahan had procured said judgment by…
2Cases cited4 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Laithe v. McDonaldSupreme Court of Kansas · 1873
- Munro v. CallahanNebraska Supreme Court · 1894
3Cited by16 opinions
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
- El Reno Mut. Fire Ins. Co. v. SuttonSupreme Court of Oklahoma · 1913
- McDougall v. WallingWashington Supreme Court · 1899
- Nelson v. MeehanCourt of Appeals for the Ninth Circuit · 1907
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