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Dinges v. Riggs

Oliver P. Dinges v. Anna Riggs

Dinges v. Riggs, 62 N.W. 74 (Neb. 1895)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
February 5, 1895
Docket
No. 6111
Judges
Ragan
Citations
62 N.W. 7443 Neb. 7101895 Neb. LEXIS 398
Disposition
Affirmed.
Headnotes
Actions: Joinder: Tort. The causes of action, and each of them, stated in the petition in this case sounded in tort, and grew out of and were a part of the same transaction, and were therefore properly joined.
Summary
Error from the district court of Lancaster county. Tried below before Strode, J. This was a suit by Anna Riggs against Oliver P. Dinges. The plaintiff in her petition set up three causes of action: First, malicious prosecution; second, damage to plaintiff’s business by arresting occupants of her place of business; third, slander. Plaintiff recovered a verdict and judgment on the second cause of action for one hundred dollars. The defendant prosecuted a proceeding in error. cited: Maxwell, •Code Pleading, 351, 352; Scarborough v. Smith, 18 Kan., 399; Secor v. Sturgis, 16 N. Y., 548; Cooley, Torts, 193.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Ragan

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Ragan, C.

This is a proceeding in error from the district court of ^Lancaster county prosecuted by Oliver P. Dinges to reverse a judgment rendered against him in favor of Anna Riggs.

Dinges assigns here that the district court erred in overruling his motion to compel the plaintiff below to elect 'upon which one of the three causes of action stated in her petition she would rely. There was no error in this ruling of the court. The causes of action, and each of them, stated in the petition sounded in tort, and they all grew out of and were connected with the same transaction, and were therefore properly joined. (Code of Civil Procedure, sec. 87; Freeman v. Webb, 21 Neb., 160 .)

The second assignment of error is that the verdict of 4he jury is not supported by sufficient competent evidence. We think it is. The judgment of the district court is

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 119152026peak 1915 · 1

Relies on it most ⓘ

  1. Genho v. Jackson154 N.W. 834 (Neb. 1915)

Most recent

  1. Genho v. Jackson154 N.W. 834 (Neb. 1915)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Freeman v. Webb, 21 Neb. 160 (1887) 3

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