Legal Opinion

Gandy v. State

Nebraska Supreme Court

Decided October 25, 1889PublishedCited by 18 opinions

Error to the district court for Pawnee county. Tried below before Broady, J. The accused was entitled to a continuance. (Ingalls v. Nobles, 14Neb., 472; Billings v. McCoy, 5 Id., 190 ; Johnson v. Dinsmore, 11 Id., 393; Newman v. State, 22 Id., 355; McDaniel v. State, 47 Am. Dec., 93; State v. Painter, 40 la., 298.) Counter affidavits against the application should not have been received.

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Error to the district court for Pawnee county. Tried below before Broady, J. The accused was entitled to a continuance. (Ingalls v. Nobles, 14Neb., 472; Billings v. McCoy, 5 Id., 190 ; Johnson v. Dinsmore, 11 Id., 393; Newman v. State, 22 Id., 355; McDaniel v. State, 47 Am. Dec., 93; State v. Painter, 40 la., 298.) Counter affidavits against the application should not have been received. (Hair v. State, 14 Neb., 204; Williams v. State, 6 Id., 337; Newman v. State, supra.) Plaintiff in error was entitled to a change of venue. (Olive v. State, 11 Neb., 18 ; Const., sec. 11, art 1; State v.…

1Opinion of the CourtCobb, J.

The plaintiff in error has brought this case on error from the judgment of the district court of Pawnee county.

On April 10, 1888, a transcript and information, on change of venue from Richardson county, were filed in the district court of Pawnee county charging that James L. Gandy, the plaintiff in error, on April 8, 1887, in a certain action for the forcible entry and detention of certain real estate in' Richardson county, pending before Garret Minor, Esq., a justice of the peace of Richardson county, wherein Daniel H. Maxson was plaintiff and Samuel Powell was defendant, appeared as a…

2Cases cited7 opinions

  1. People v. HallMichigan Supreme Court · 1882
  2. Polin v. StateNebraska Supreme Court · 1883
  3. Williams v. StateNebraska Supreme Court · 1877
  4. Parks v. StateNebraska Supreme Court · 1886
  5. Huffman v. Board of CommissionersSupreme Court of Kansas · 1880

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

3Cited by18 opinions

  1. Hammer v. United StatesSupreme Court of the United States · 1926
  2. Miller v. StateWisconsin Supreme Court · 1909
  3. McKay v. StateNebraska Supreme Court · 1911
  4. State v. StoreySupreme Court of Minnesota · 1921
  5. Blair v. StateNebraska Supreme Court · 1904

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

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