Summers v. White
Court of Appeals for the Eighth Circuit
: In Error to tlie Circuit Court of the United States for the District of Nebraska. ■ • Proceedings in error by Charles E. Summers against Frank E. .White, United States marshal, Farrington Power, deputy marshal, Lewis Boehme, deputy marshal, the Nebraska-Moline Plow Company, and Kingman & Co., and by Charles E. Summers, sheriff of Fillmore county, Neb., assignee, against the Nebraska-Moline Plow .Company and Frank E. White, and by Charles E. Summers, sheriff ■of Fillmore…
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: In Error to tlie Circuit Court of the United States for the District of Nebraska. ■ • Proceedings in error by Charles E. Summers against Frank E. .White, United States marshal, Farrington Power, deputy marshal, Lewis Boehme, deputy marshal, the Nebraska-Moline Plow Company, and Kingman & Co., and by Charles E. Summers, sheriff of Fillmore county, Neb., assignee, against the Nebraska-Moline Plow .Company and Frank E. White, and by Charles E. Summers, sheriff ■of Fillmore county, Neb., assignee, against Kingman & Co. (incorporated) and Frank E. White. . These eases grew out of the same…
1Opinion of the CourtThayer, Circuit Judge
There are numerous questions presented by the record in these cases which were discussed at considerable length on the oral argument and in the briefs of counsel; but in our opinion the decision hinges on the inquiry whether the deed of assignment by J. M. Burk to Charles E. Summers, sheriff of Fillmore county, was rendered invalid, so far as the attaching creditors were concerned, by reason of the admitted fact that it was not witnessed. If the deed of assignment was invalid for want of an attesting witness, it is manifest, we think, that the attachments were properly levied, and that the…
2Cases cited11 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Gumbel v. PitkinSupreme Court of the United States · 1888
- Clark v. GrahamSupreme Court of the United States · 1821
- Crane v. ReederMichigan Supreme Court · 1870
- Rupert v. PennerNebraska Supreme Court · 1892
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3Cited by3 opinions
- Lambert Run Coal Co. v. Baltimore & Ohio RailroadSupreme Court of the United States · 1922
- In re RussellCourt of Appeals for the Second Circuit · 1900
- In re L. Rudnick & Co.Court of Appeals for the Second Circuit · 1908