43 Neb. 121 | Neb. | 1894
A. J. Conlee sued the Kansas City, Wyandotte & Northwestern Railroad Company (hereinafter called the “Railroad Company”) in the district court of Gage county. Conlee had a verdict and judgment and the Railroad Company prosecutes to this court proceedings in error.
Conlee in his petition in the court below alleged: “ That on the 19th day of December, 1889, the plaintiff, at defendant’s request, agreed with the defendant to enter into its employment for a period of one year, commencing on January 1,1890, as a clerk in the offices of said defendant in the city of Kansas City, Kansas, and as general commercial agent for the defendant, who is operating a line of railroad from Kansas City to the city of Beatrice, Nebraska, at the rate of $150 per month. The defendant then employed the plaintiff as aforesaid and agreed to pay him for said services the sum above stated. On the 1st •day of January, 1890, and many times since said date, he requested the defendant to receive and retain him in such services for the wages above set forth, and the defendant refused and still refuses so to do.” The answer to this petition was a general denial and a plea of the statute of frauds. Of the errors assigned by the Railroad Company we notice only two.
1. The first assignment of error is that the district court •erred in overruling the application of the Railroad Company for a continuance of the case. The petition in this case was filed on the 15th day of August, 1890. The railroad company demurred to this petition on the 26th of December, 1890, and on the 9th day of March, 1891, filed its answer. The application for a continuance was filed on the 27th day of March, 1891. The grounds upon which was based the affidavit for a continuance were that one Erb was the general manager and vice-president, and one Summerfield the superintendent of the Railroad Company; that they
Reversed and remanded.