B. F. Sturtevant Co. v. Bohn Sash & Door Co.

At the last term of this court the petition in error was dismissed, it being held that money about to be paid to a clerk of the district court to be distributed under decree of such court can not be reached by garnishment out of county court against distributee. See 57 Nebr., 671. A rehearing has been allowed, and the cause again submitted for our consideration.

It is insisted that no one but Mr. Moores, the garnishee, had the right to raise the objection that the fund was in custodia legis or question the validity of the attachment. We think the contention sound. But he could and did waive…