Steven v. Neb. & Iowa Ins. Co.
| Court | Supreme Court of Nebraska |
| Writing for the Court | NORVAL |
| Citation | 45 N.W. 284,29 Neb. 187 |
| Decision Date | 19 March 1890 |
| Parties | STEVEN v. NEBRASKA & IOWA INS. CO. |
29 Neb. 187
45 N.W. 284
STEVEN
v.
NEBRASKA & IOWA INS. CO.
Supreme Court of Nebraska.
March 19, 1890.
1. A defendant in an action pending before a justice of the peace appeared on the return-day of the summons, and filed a motion to require the plaintiff to give security for costs; also an affidavit for continuance. Thereupon the cause was continued to a subsequent date, at which time the defendant again appeared, filed an answer, and caused subpœnas to be issued for his witnesses, which were served. The trial was by agreement of parties adjourned for 10 days. On the day to which the trial was last adjourned the defendant did not appear, and judgment was rendered against him. The defendant appealed to the district court, where, upon motion of the plaintiff, the appeal was dismissed because the judgment was rendered in the absence of the defendant. Held error.
2. An appeal was taken from the judgment of a justice of the peace to the district court, but the transcript of the proceedings was filed with the clerk of that court 31 days after the rendition of the judgment. The appellee made a general appearance in the district court, where the cause was continued by the agreement of the parties. Held, that the general appearance of the appellee conferred upon the district court jurisdiction.
Error to district court, Buffalo county; HAMER, Judge.
[45 N.W. 284]
L. P. Main, for plaintiff in error.
Moore & Jones, for defendant in error.
NORVAL, J.
This action was brought by the defendant in error against the plaintiff in error before a justice of the peace of Buffalo county. The case was set for hearing December 7, 1887, at which time both parties appeared, the plaintiff by its attorney, and the defendant in person and by attorney. The defendant filed a motion to compel the plaintiff to give security for costs, which motion was sustained, and plaintiff entered into bond for costs. On the same day the defendant filed an application for a continuance, and the trial was postponed to January 6, 1888. The defendant caused subpœnas to be issued for his witnesses, which were served. January 6, 1888, the cause was continued, by consent of the parties, until January 10th, when the trial was again adjourned, on the application of the plaintiff, until January 13th. On the last-named date the defendant filed an answer, and by agreement of parties the hearing was set for January 23d, at 9 o'clock A. M. On the 23d day of January, 1888, at 9 o'clock A....
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State ex rel. Blackmer & Post Pipe v. Rosskopf, No. 31680.
...650; Indianapolis Union Railroad Co. v. Ott. 35 N.E. 517; L. & N. Railroad Co. v. Lile, 45 So. 701; Stevens v. Nebraska & Iowa Ins. Co., 45 N.W. 284; Lloyd v. Reynolds, 41 N.W. 1072; Hope v. Blair, 105 Mo. 93; State ex rel. v. Shoemaker. 257 S.W. 1053; Taylor v. Hurshman, 35 S.W. (2d) 379; ......
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Love v. Huffines
...was not filed therein within 30 days after the rendition of the judgment, as required by Code Civ. Proc. § 1011." Steven v. Insurance Co., 29 Neb. 187, 45 N. W. 284. "Where, on trial from a justice, both parties appear and proceed to trial, without objection to the want of service or failur......
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Crumay v. Henry
...of venue, which was denied (Wagner v. Evers, 20 Neb. 183, 29 N. W. 298); or for a continuance, which was granted (Steven v. Insurance Co., 29 Neb. 187, 45 N. W. 284). Where the defendant appears before the justice for the sole purpose of objecting to the jurisdiction of the court over his p......
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Claflin v. Am. Nat. Bank of Omaha
...N. W. 531;Goodrich v. City of Omaha, 11 Neb. 204, 7 N. W. 442;Asch v. Wiley, 16 Neb. 41, 20 N. W. 21;Steven v. Insurance Co., 29 Neb. 189, 45 N. W. 284. Moreover, the appeal was properly taken. There was no defect of parties. The filing of the appeal bond by Claflin alone was sufficient to ......
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State ex rel. Blackmer & Post Pipe v. Rosskopf, No. 31680.
...650; Indianapolis Union Railroad Co. v. Ott. 35 N.E. 517; L. & N. Railroad Co. v. Lile, 45 So. 701; Stevens v. Nebraska & Iowa Ins. Co., 45 N.W. 284; Lloyd v. Reynolds, 41 N.W. 1072; Hope v. Blair, 105 Mo. 93; State ex rel. v. Shoemaker. 257 S.W. 1053; Taylor v. Hurshman, 35 S.W. (2d) 379; ......
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Love v. Huffines
...was not filed therein within 30 days after the rendition of the judgment, as required by Code Civ. Proc. § 1011." Steven v. Insurance Co., 29 Neb. 187, 45 N. W. 284. "Where, on trial from a justice, both parties appear and proceed to trial, without objection to the want of service or failur......
-
Crumay v. Henry
...of venue, which was denied (Wagner v. Evers, 20 Neb. 183, 29 N. W. 298); or for a continuance, which was granted (Steven v. Insurance Co., 29 Neb. 187, 45 N. W. 284). Where the defendant appears before the justice for the sole purpose of objecting to the jurisdiction of the court over his p......
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Claflin v. Am. Nat. Bank of Omaha
...N. W. 531;Goodrich v. City of Omaha, 11 Neb. 204, 7 N. W. 442;Asch v. Wiley, 16 Neb. 41, 20 N. W. 21;Steven v. Insurance Co., 29 Neb. 189, 45 N. W. 284. Moreover, the appeal was properly taken. There was no defect of parties. The filing of the appeal bond by Claflin alone was sufficient to ......