Legal Opinion

Wilson v. Shipman

Nebraska Supreme Court

Decided May 18, 1892PublishedCited by 19 opinions

Ehror to the-district court for Buffalo county. Tried below before Hamer, J. cited, contending that the judgment was conclusive and could not be attacked collaterally: Jolmson v. Jones, 2 Neb., 133; Keybers v. McComher, 67 Cal., 395; Michels v. Stork, 52 Mich., 260; Pees v. Wetmore, 58 la., 170; Gregory v. Bovier, 77 Cal., 121; McCurdy v. Baughman, 43 O., 78; Cumberland Co. v. Boyd, 113 Pa.

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Ehror to the-district court for Buffalo county. Tried below before Hamer, J. cited, contending that the judgment was conclusive and could not be attacked collaterally: Jolmson v. Jones, 2 Neb., 133; Keybers v. McComher, 67 Cal., 395; Michels v. Stork, 52 Mich., 260; Pees v. Wetmore, 58 la., 170; Gregory v. Bovier, 77 Cal., 121; McCurdy v. Baughman, 43 O., 78; Cumberland Co. v. Boyd, 113 Pa. St., 52. cited, as to contradicting the return: McRoberts v. Lyon, 44 N. W. Rep. [Mich.], 163; Michels v. Stork, 52 Mich., 260; Starbuck v. Murray, 5 Wend. [N. Y.], 148; Culver’s Appeal, 48 Conn., 165;…

1Opinion of the Court

Maxwell, Ch. J.

This is an action to enjoin a judgment of a justice of the peace. The court below found that there had been no personal service on the defendant and enjoined the judgment. It appears from the record that in December, 1888, Moore & Shipman were engaged in business on North Sixteenth street in the city of Omaha; that this store was in charge of Miss Allen; that on the 8th of that month a bill for merchandise for the sum of $227.59, furnished by O. R. Tennis & Co., was presented to Moore & Shipman at their place of business; that no objection was made to the bill itself, but it…

2Cases cited8 opinions

  1. Cooper v. SunderlandSupreme Court of Iowa · 1856
  2. Mastin v. GraySupreme Court of Kansas · 1878
  3. Ableman v. RothWisconsin Supreme Court · 1860
  4. Adams v. . Saratoga and Washington Railroad CompanyNew York Court of Appeals · 1852
  5. First National Bank v. BalcomSupreme Court of Connecticut · 1868

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3Cited by19 opinions

  1. Smoot v. JuddSupreme Court of Missouri · 1904
  2. Jones v. CullenIndiana Supreme Court · 1895
  3. Cantwell v. CantwellIndiana Supreme Court · 1957
  4. Hall v. HooperNebraska Supreme Court · 1896
  5. Meyer v. WilsonIndiana Supreme Court · 1906

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