Runge v. Brown
Nebraska Supreme Court
Error to the district court for Cheyenne county. Tried below before Hamer, J. The land should not have been seized until the chattels were exhausted. (Code, 477; 1 Washburn, R. P. [3d Ed.], 4b6, n.) Sec. 483 of the Code requires the goods to be first exhausted, and is mandatory. (Goodman v. Boggs, 12 Neb., 18; Bartholomew v. Hook, 23 Cal., 279; Place v. Riley, 98 N. Y., 5.) Sullenger v. Buck, 22 Kan., 28, is based on a statute different from ours.
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Error to the district court for Cheyenne county. Tried below before Hamer, J. The land should not have been seized until the chattels were exhausted. (Code, 477; 1 Washburn, R. P. [3d Ed.], 4b6, n.) Sec. 483 of the Code requires the goods to be first exhausted, and is mandatory. (Goodman v. Boggs, 12 Neb., 18; Bartholomew v. Hook, 23 Cal., 279; Place v. Riley, 98 N. Y., 5.) Sullenger v. Buck, 22 Kan., 28, is based on a statute different from ours. As there is iio denial under oath of plaintiff in error’s affidavit, that the lot and lands were appraised in gross, it must be taken as true. (…
1Opinion of the CourtNorval, J.
On the 7th day of December, 1886, the defendant in error recovered a judgment in the district court of Cheyenne county against the plaintiff in error for $3,475, exclusive of costs. The costs and increase were $619.43.
*118An execution was issued on said judgment December 7, 1886. On the day following, a levy was made upon certain personal property, which was appraised at $1,728.62, and on the same day, for want of sufficient personal property whereon to levy, said writ was levied upon a part of lot 4, block 28, Sidney, and 240 acres of land in Cheyenne county. The personal property was sold on…
2Cases cited1 opinion
- Sullenger v. BuckSupreme Court of Kansas · 1879
3Cited by6 opinions
- Blasingame v. WallaceArizona Supreme Court · 1927
- Evans v. KahrSupreme Court of Kansas · 1899
- State v. HincheyNebraska Supreme Court · 1985
- Nye v. RogersNebraska Supreme Court · 1898
- Philadelphia Mortgage & Trust Co. v. MockettNebraska Supreme Court · 1898
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