Koch v. Rhodes
Nebraska Supreme Court
Error to tbe district court for Cuming county. Tried below before Barnes, J. In all cases tbe plaintiff must bave an interest in tbe property sought to be replevied, and must be entitled to tbe immediate possession thereof at tbe time tbe action is brought. Prater v. Frazer, 11 Ark., 249. Baker v. Fates, 16 Mass., 147. Berthold v. Fox, 18 Minn., 50. Hillv.
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Error to tbe district court for Cuming county. Tried below before Barnes, J. In all cases tbe plaintiff must bave an interest in tbe property sought to be replevied, and must be entitled to tbe immediate possession thereof at tbe time tbe action is brought. Prater v. Frazer, 11 Ark., 249. Baker v. Fates, 16 Mass., 147. Berthold v. Fox, 18 Minn., 50. Hillv. Robinson, 16 Ark., 90. Sprague v. Clark, 41 Vt., 6. Alden v. Carver, 13 Iowa, 253. Moorman v. Quick, 20 Ind., 67. Gartside v. Mixon, 43 Mo., 138. Curdy v. Brown, 1 Duer, 101. Rockwell v. Saunders, 19 Barb., 473. Bogará v. James, 9 Humjp.,…
1Opinion of the Court
Maxwell, Oh. J.
This is an action of replevin. In the year 1876, the First National Bank of Fremont recovered a judgment, in the county court of Cuming county, against ~W. C. Galloway and John G. Rhodes, for the sum of $316 and costs. In November, 1878, an execution was issued on said judgment and levied upon a number of hogs, several head of cattle, and three stacks of wheat, as the property of Rhodes. - This property was taken on a writ of replevin by the defendant, Weltha A. Rhodes, the wife of John G. Rhodes. The defendant, being called as a witness on her own behalf, testified on her…
2Cases cited1 opinion
- First National Bank v. BartlettNebraska Supreme Court · 1879