Cox & Cornell v. Peoria Manufacturing Co.
Nebraska Supreme Court
Error from the district court of Saunders county. Tried below before Bates, J. The opinion contains a statement of the case. A judge has no authority to allow a writ of attachment outside of his own district, except upon a showing of absence of the judge of the district, or other disability.
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Error from the district court of Saunders county. Tried below before Bates, J. The opinion contains a statement of the case. A judge has no authority to allow a writ of attachment outside of his own district, except upon a showing of absence of the judge of the district, or other disability. (Ellis v. Karl, 7 Neb., 381.) Reference was made in the brief to the following cases on the question of fraud and the right of each partner to claim property as exempt after division of the firm assets : O'Donnell v. Segar, 25 Mich., 376; Mortly v. Flannigan, 38 O. St., 404; Stewart v. Brown, 37 N. Y.,…
1Opinion of the CourtNorval, C. J.
On the 7th day of January, 1891, Cox & Cornell, a firm doing business at Wahoo, executed and delivered to the Peoria Manufacturing Company a promissory note in the sum of $743.90, with eight per cent interest from date, payable on the 1st day of May following. On the 30th day of March, 1891, this action was commenced by thedefendant'in error in the district court of Saunders county to recover the sum secured by said promissory note although the same was to become due thereafter. At the time of the commencing of the action an affidavit for an attachment was filed with the clerk of the said…
2Cases cited12 opinions
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