Raddatz v. Christner

• Decision Date: 28 June 1919
• Docket Number: 20461
• Citation: 173 N.W. 677,103 Neb. 621
• Parties: OTTO RADDATZ, APPELLEE, v. JOHN H. CHRISTNER, DEFENDANT; CHARLES A. READY, APPELLANT
• Court: Nebraska Supreme Court

173 N.W. 677

103 Neb. 621

OTTO RADDATZ, APPELLEE, v. JOHN H. CHRISTNER, DEFENDANT;

CHARLES A. READY, APPELLANT

No. 20461

Supreme Court of Nebraska

June 28, 1919

APPEAL from the district court for Nemaha county: JOHN B. RAPER JUDGE. Affirmed.

AFFIRMED.

H. A Lambert, Fred G. Hawxby and Charles A. Ready, for appellant.

C. A Robbins, contra.

SEDGWICK, J. LETTON, J., not sitting.

OPINION

SEDGWICK, J.

There was a motion in this case to dismiss the appeal on the ground that the same was docketed in this court within the time prescribed by statute. The legislature amended the statute in regard to the time for docketing an appeal (Laws 1917, ch. 140), changing the time from six to three months. This court has heretofore followed the rule announced in the note under Wilson v. Kryger, 26 N.D. 77, 143 N.W. 764, in 51 L.R.A. N.S. 760, as follows: "It is a general rule of construction that statutes shortening the time within which appeals or proceedings in error can be taken do not, in the absence of language showing clearly a legislative intention to the contrary, apply to judgments, decrees, or orders rendered or entered before such statutes took effect"--and, applying that rule, we overruled the motion in this case.

This plaintiff contracted to purchase from the defendants a tract of land of about 400 acres in Hayes county, Nebraska. When the abstracts of title were presented, the plaintiff refused to accept the title as not marketable, and brought this action to recover from the defendants the amount which he had paid upon the contract.

The action was brought in Nemaha county, where the defendant Christner resided, and summons was sent to Hayes county and served upon the defendant Ready there, where he resided. The defendant Ready objected to the service on the ground that there was no joint liability of the defendants under the contract. This objection was overruled, and it is now insisted that this ruling was erroneous. It appears that these defendants did not own the land jointly but each held title to a distinct portion thereof, and it would seem from the evidence that the parties all understood that each defendant was to receive a certain part of the purchase price as the consideration for his land; but the contract was a joint contract on the part of the defendants. It recited that the contract was "by and between John H. Christner and Charles A. Ready of the town of Hayes Center, county of Hayes, and state of Nebraska, of the first part, and Otto Raddatz of the town of Pleasant Dale, county of Seward, and state of Nebraska, of the second part," and, also, that the "party of the second part convenants and agrees to and with the said party of the first part to sell the South East Quarter of Sec. 20-in Township (8) North of Range 35-in Hayes Co. Neb. And the North East Quarter and the East Half of the North West Quarter of Section 20-in Township (8) North of Range 35-all in Hayes Co. Neb. Said John H. Christner is to give a good and sufficient warranty deed and abstract to the South East Quarter (S. E. 1/4) of Sec. 20-Twp (8) North Range (35). Said Charles A. Ready is...