Luce v. Foster
Nebraska Supreme Court
Error from the district court of Harlan county. Tried below befóte Gaslin, J. See opinion for statement of the case. The plaintiffs contend that an attorney by signing a bond as surety is bound as such when the bond is approved. (Tessier v. Croioley, 17 Neb., 209.) L. B. McManus was a joint trespasser with the sheriff.
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Error from the district court of Harlan county. Tried below befóte Gaslin, J. See opinion for statement of the case. The plaintiffs contend that an attorney by signing a bond as surety is bound as such when the bond is approved. (Tessier v. Croioley, 17 Neb., 209.) L. B. McManus was a joint trespasser with the sheriff. (Sprague v. Kneeland, 12 Wend. [N. Y.], 161; Shaw v. Rowland, 32 Kan., 154; Peterson,v. Foil, 67 la., 402; Walker v. Wonderlick, 33 Neb., 504.) By giving the bond the defendants befaame responsible for the continuance of the wrongful possession and for the sale, transfer, and…
1Opinion of the Court
Irvine, C.
The plaintiffs in error were the plaintiffs in the district court and in their petition they allege that one Charles H. Brown had for á certain term been sheriff of Harlan county; that plaintiffs were sureties on his official bond ; that while Brown was sheriff the defendant Blanche L. Foster caused an execution to be issued on a judgment in her favor against certain persons named; that in consideration of Brown’s proceeding to sell certain property levied upon under such execution and claimed by Peter Roéb, .a stranger to the writ, the said Blanche L. Foster, together with the…
2Cases cited22 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Welsh v. . CochranNew York Court of Appeals · 1875
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Barnett v. PrattNebraska Supreme Court · 1893
- Norman v. WaiteNebraska Supreme Court · 1890
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3Cited by17 opinions
- State v. HillNebraska Supreme Court · 1896
- National Fire Ins. Co. of Hartford, Conn. v. EvertsonNebraska Supreme Court · 1951
- Storz & Iler v. FinklesteinNebraska Supreme Court · 1895
- Kulhanek v. KulhanekNebraska Supreme Court · 1921
- Wheeler v. BarkerNebraska Supreme Court · 1897
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