Wheeler v. Barker
Nebraska Supreme Court
Error from' the district court of Douglas county. Tried below before Fawcett, J. The opinion contains a statement of the case. As courts of record having original and exclusive jurisdiction, county courts follow the practice and procedure of the common law, except as such practice or procedure is modified by statute. (4 Am. & Eng. Ency.
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Error from' the district court of Douglas county. Tried below before Fawcett, J. The opinion contains a statement of the case. As courts of record having original and exclusive jurisdiction, county courts follow the practice and procedure of the common law, except as such practice or procedure is modified by statute. (4 Am. & Eng. Ency. Law, 452; 1 Freeman, Judgments, sec. 122; Woodman v. Somerset, 37 Me., 29; Davis v. Hudson, 29 Minn., 28; Obert v. Ham-met, 18 N. J. Law, 73; Brunson v. Burnett, 2 Pinn. [Wis.], 185; Sipperly v. Bauous, 24 N. Y., 46; Millard v. Harris, 119 111., 185;…
1Opinion of the Court
Irvine, C.
This was an action brought by Bert Glendore Wheeler, an infant, by her guardian, Isaac Adams, against James W. Eller, formerly county judge of Douglas county, and George E. Barker and William S. Bector, the sureties on his official bond. The sureties demurred to the original petition. The demurrer was sustained and an amended petition filed. The sureties then moved to strike the amended petition from the files for the reason, in brief, that it was substantially the same as the original petition. This motion was sustained, and the plaintiff electing not to plead further, a judgment…
2Cases cited12 opinions
- Wilson v. CoburnNebraska Supreme Court · 1892
- Luce v. FosterNebraska Supreme Court · 1894
- Jenkins v. LemondsIndiana Supreme Court · 1868
- Merrick v. KennedyNebraska Supreme Court · 1895
- Crews v. RossIndiana Supreme Court · 1873
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3Cited by10 opinions
- Pulliam v. McCleneghanNebraska Supreme Court · 1945
- Johnson v. American Smelting & Refining Co.Nebraska Supreme Court · 1907
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- Becker v. KozaDistrict Court, D. Nebraska · 1971
- Clark v. Lincoln Liberty Life InsuranceNebraska Supreme Court · 1941
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