Aultman & Taylor Co. v. Steinan
Nebraska Supreme Court
Error from the district court for Adams county. It was an action of replevin brought by Steinan for the recovery of the possession of a threshing machine, and the horse power connected therewith. The property had been sold by Aultman, Taylor & Co. to one Peter Deiken, a resident of Adams county, for the sum of $710, and notes of Deiken taken in payment thereof.
Read the full summary
Error from the district court for Adams county. It was an action of replevin brought by Steinan for the recovery of the possession of a threshing machine, and the horse power connected therewith. The property had been sold by Aultman, Taylor & Co. to one Peter Deiken, a resident of Adams county, for the sum of $710, and notes of Deiken taken in payment thereof. While the same was in his possession, Deiken executed and delivered to Steinan two promissory notes for the sum of $146, and to secure the payment thereof gave a chattel mortgage upon the property. Deiken not paying the notes to…
1Opinion of the Court
Maxwell, Oh. J.
This is an action of replevin. ' The plaintiffs in error were defendants in the court below. The attorneys for Stabler appeared in the court below as they state in their motion, “for the sole purpose of objecting to the jurisdiction of the court over the person of the said John Stabler, and over the subject matter of the suit, and for no other purpose whatever,” and moved to quash the order of delivery and dismiss the suit.
First. Because the affidavit was defective.
Second. Because the'affidavit does not show that the amount secured by the mortgage was due.
Third. That the…
2Cases cited2 opinions
- Homan v. LabooNebraska Supreme Court · 1871
- Homan v. LabooNebraska Supreme Court · 1873
3Cited by15 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- Hurlburt v. PalmerNebraska Supreme Court · 1894
- Oppenheimer v. GuckenheimerSupreme Court of Florida · 1894
- Johnston v. SpencerNebraska Supreme Court · 1897
- Welch v. AyresNebraska Supreme Court · 1895
10 more not listed; retrieve them via the Exa API.