Legal Opinion

Walker v. Lutz

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 13 opinions

Error to the district court for York county. Tried below before Post, J. cited: Biller v. Roberts, 13 Sergeant & Rawle, 60. Stevens v. Brown, 3 Vermont, 420. Blythe v. Richards, 10 Sergeant. & Rawle, 261. Benny v. Willard, 11 Pickering, 519. Whitaker v. Sumner, 7 Pickering, 551. Granger v. Clarh, 22 Maine, 128. Coohv. Darling, 18 Pickering, 393. Brownv.

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Error to the district court for York county. Tried below before Post, J. cited: Biller v. Roberts, 13 Sergeant & Rawle, 60. Stevens v. Brown, 3 Vermont, 420. Blythe v. Richards, 10 Sergeant. & Rawle, 261. Benny v. Willard, 11 Pickering, 519. Whitaker v. Sumner, 7 Pickering, 551. Granger v. Clarh, 22 Maine, 128. Coohv. Darling, 18 Pickering, 393. Brownv. Turner, 12 Alabama, 752. Lightsey v. Harris, 20 Alabama, 411. Cooper v. Sunderland, 3 Clark, 114. Phillips v. Mwéll, 14 Ohio State, 133. cited: Bond v. Wilson, 8 Kan., 228. Porter v. C. & N. W. B. B., 1 Neb., 14. Watson v. Watson, 6 Conn.,…

1Opinion of the Court

Lake, Oh. J.

There is but a single question here presented for our decision, and that is, whether in setting aside the service of summons the district judge ruled correctly.

The record brought here is in a very incomplete state, and not in a condition to enable us to know, with any reasonable certainty, just what evidence the judge had before him. and acted upon in making the order complained of. We know that he had the motion of the defendant suggesting the want of jurisdiction, together with certain affidavits attached to and made a part of it. These affidavits being so attached as exhibits,…

2Cases cited2 opinions

  1. Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871
  2. Ray v. MasonNebraska Supreme Court · 1877

3Cited by13 opinions

  1. Hollinger v. HollingerSupreme Court of Pennsylvania · 1965
  2. Crosby v. FarmerSupreme Court of Minnesota · 1888
  3. Wall v. Chesapeake & O. Ry. Co.Court of Appeals for the Seventh Circuit · 1899
  4. Hubner v. HubnerOregon Supreme Court · 1913
  5. Barton v. McKayNebraska Supreme Court · 1893

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