Williams v. Eikenberry
Nebraska Supreme Court
■ Error to the district court for Cass county. Tried below before Chapman, J. on necessity that officer prove his authority to attach, cited : Oberfelder v. Kavanaugh, 11 Neb., 483. Mathews v. Densmove, 43 Mich., 461. Wait Fraudulent Conveyances, Sec. 297. Inconsistent defenses. Derby v. Gallup, 5 Minn., 119. Maxwell’s PI. and Pr., 132. Adams v. Trigg, 37 Mo., 141. Special findings in verdict.
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■ Error to the district court for Cass county. Tried below before Chapman, J. on necessity that officer prove his authority to attach, cited : Oberfelder v. Kavanaugh, 11 Neb., 483. Mathews v. Densmove, 43 Mich., 461. Wait Fraudulent Conveyances, Sec. 297. Inconsistent defenses. Derby v. Gallup, 5 Minn., 119. Maxwell’s PI. and Pr., 132. Adams v. Trigg, 37 Mo., 141. Special findings in verdict. National Bank v. Peek, 8 Kan., 660. Harbough v. Oieott, 33 Mich., 241. cited: Levi v. Darling, 28 Ind., 498. Martin v. Watson, 8 Wis., 315. Eowland v. Fuller, 8 Minn., 50. Wells on Replevin, Sec. 168.…
1Opinion of the CourtReese, J.
This is a petition in error, by which it is sought to reverse the judgment of the district court of Cass county in an action in replevin wherein plaintiff in error here was plaintiff and defendant in error was defendant. Judgment being in favor of defendant in the action, plaintiff seeks review.
The first question requiring notice is a plea in abatement filed in this court by defendant in error, by which he seeks to show that all errors which may appear in the record, if any should so appear, have been waived by plaintiff in error by an offer made by him to return the property to defendant,…
2Cases cited4 opinions
- Tompkins v. BatieNebraska Supreme Court · 1881
- I. Oberfelder & Co. v. KavanaughNebraska Supreme Court · 1887
- Richardson v. SteeleNebraska Supreme Court · 1880
- Welton v. BeltezoreNebraska Supreme Court · 1885
3Cited by8 opinions
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Horkey v. KendallNebraska Supreme Court · 1898
- Kafka v. Union Stock Yards Co.Nebraska Supreme Court · 1907
- Te Poel v. ShuttNebraska Supreme Court · 1899
- Williams v. EikenberryNebraska Supreme Court · 1889
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