Nebraska Reports Volume 11 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...seems to be a. continuation of the litigation involved in the cause between the same parties decided at the present term. Complaint for the forcible entry and detention of lots one and two in block sixty-five, in Falls City, etc. Answer, not guilty, and further setting up former adjudication of all questions which could arise in case at bar, in an action then lately tried in the county court of Richardson county, between the same parties plaintiff and defendant. And also setting up the statute of limitations. Trial, and judgment for the plaintiff. Error to the district court, where the judgment was aflirmed; to correct which latter judgment the cause is brought to this court on error. The petition in error presents substantially but two points: 1st. Was the former adjudication set up in the answer a bar to the second action? And, 2d, Was it an abuse of discretion on the part of the justice to refuse to allow the defendant below to withdraw his rest, for the purpose of showing "how Pence came into possession; that Pence holds under Dorrington, and that Dorrington has deed to land from Lowe, and Dorrington bought house from Raw." As to the first point, the record introduced in evi-.dence and preserved in the bill of exceptions, shows that in the suit which is here pled in bar, the plaintiif 23 was non-suited in the county court, which judgment of non-suit was taken to the district court, and that the district court disposed of the same by a judgment that the county court had no jurisdiction of the cause. This record did not show a final decision of the matter in dispute on the merits, but only showed a futile attempt to litigate the same, and was no bar to a subsequent suit. As to the second point: It is a matter within the...