Hart v. Barnes
Nebraska Supreme Court
Error to the district court for Merrick county. Tried below before Post, J. cited: Sec. 198, Code. Bank v. Fonda, 32 N. "W. R., 664. Livingston v. Coe, 4 Neb., .381. Dorringtonv. Minnick, 15 Id., 397. 4 Wait’s Action and Defenses, 472, and cases cited. •cited: Llandy v. Prong, 4 Neb., 60. Nouss v. Wright, 14 Id., 457. Maxwell’s Pi. and Pr., 492. 1 Wade Attachments, 22. Elliott v. Jackson, 3 Wis., 571.
1Opinion of the CourtMaxwell, J.
The plaintiff brought an action against the defendant in the district court of Merrick county to recover the sum of $9,221.33, and made and filed an affidavit for an attach.ment against the property of said defendant. An attachment was thereupon duly issued, and levied on the defendant's property. The attorney for the defendant thereupon filed a motion to dissolve the attachment, for the following reasons: “First, that the cause of action is not one in which the law allows an attachment..“ 2d. Because the facts stated in the affidavit are not •.sufficient to justify the issuing of the same.
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2Cases cited3 opinions
- Wilcox v. SaundersNebraska Supreme Court · 1876
- Handy v. BrongNebraska Supreme Court · 1875
- Rouss v. WrightNebraska Supreme Court · 1883
3Cited by14 opinions
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Newell v. WhitwellMontana Supreme Court · 1895
- Morgan's Louisiana & T. R. & S. S Co. v. StewartSupreme Court of Louisiana · 1907
- Barth v. GrafWisconsin Supreme Court · 1898
- Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
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