Legal Opinion

Fisherdick v. Hutton

Nebraska Supreme Court

Decided March 5, 1895No. 6401PublishedCited by 8 opinions

Error from the district court of Lancaster county. Tried below before Hall, J. % An alteration is immaterial when the law would supply the matter added. (Burnham v. Ayer, 35 N. H., 351; Western Building & Loan Association v. Fitzmaurice, 7 Mo.

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Error from the district court of Lancaster county. Tried below before Hall, J. % An alteration is immaterial when the law would supply the matter added. (Burnham v. Ayer, 35 N. H., 351; Western Building & Loan Association v. Fitzmaurice, 7 Mo. App., 283; Ooodenow v. Ourtis, 33 Mich., 505; Bridges v. Winters, 42 Miss., 135; Sharpe v. Orme, 61 Ala., 263; Creios v. Farmers Bank, 31 'Gratt. [Ya.], 348; Kline v. Raymond, 70 Inch, 271; Smith v. Lockridge, 8 Bush [Ky.], 423; Palmer v. Sargent, 5 Neb., 223.) Neither alterations nor erasures will be regarded when they are wholly unimportant, and the…

1Opinion of the CourtNorvau, C. J.

Defendant in error filed a mechanic’s lien against lots 15 and 16 in Richard’s Addition to the city of Lincoln, claiming a balance due him in the sum of $1,975, with interest thereon at seven per cent from August 25, 1890. Subsequently, suit was brought in the district court to foreclose said lien, and on February 28, 1891, during the pendency of the action, defendant in error, in consideration of the sum of $1,500, sold said mechanic’s lien to the plaintiff in error, and assigned the same to him by writing duly acknowledged. The suit to foreclose the mechanic’s lien was prosecuted to decree…

2Cases cited13 opinions

  1. Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
  2. Krouskop v. ShontzWisconsin Supreme Court · 1881
  3. Goodenow v. CurtisMichigan Supreme Court · 1876
  4. Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
  5. Palmer v. LargentNebraska Supreme Court · 1876

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

3Cited by8 opinions

  1. First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
  2. State ex rel. Nebraska State Bar Ass'n v. BachelorNebraska Supreme Court · 1941
  3. Strasser v. RessNebraska Supreme Court · 1958
  4. Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1896
  5. Quinn v. MossNebraska Supreme Court · 1895

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

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