Brahmstadt v. McWhirter
Nebraska Supreme Court
Error to York county district court, where the cause was tried before Post, J. The opinion states the case. cited Townsend v. Stearns, 32 N. Y., 209. Gay v. Bidwell, 7 Mich., 519. Norton v. Kearney, 10 "Wis., 443. Hoffman v. Mackall, 5 Ohio St., 124. Sacked v. Mansfield, 26 111., 21. Grover v.Wakeman, 11 Wend., 187. Goverdale v. Wilder, 17 Pick., 181. Mannv.
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Error to York county district court, where the cause was tried before Post, J. The opinion states the case. cited Townsend v. Stearns, 32 N. Y., 209. Gay v. Bidwell, 7 Mich., 519. Norton v. Kearney, 10 "Wis., 443. Hoffman v. Mackall, 5 Ohio St., 124. Sacked v. Mansfield, 26 111., 21. Grover v.Wakeman, 11 Wend., 187. Goverdale v. Wilder, 17 Pick., 181. Mannv. Witbeck, 17 Barb., 392. This case does not come within the rule laid down in McGleery v. Allen, 7 Neb., 21. In this ease, the selling and disposing of the property are left entirely to the discretion of the assignee; but that discretion…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiffs were a firm doing business at York, in this state, and being unable to pay their debts in full, made an assignment for the benefit of their creditors to Frederick W. Liedtke, clerk of the district court of York county. The defendant, who was a creditor of the plaintiffs, commenced an action against them by attachment, in the county court of York county. The county court sustained the attachment, which judgment was affirmed by the district court. The plaintiffs bring the cause into this court by petition in error.
But two questions are involved in the case : First,…
2Cases cited2 opinions
- Keep v. SandersonWisconsin Supreme Court · 1853
- McCleery v. AllenNebraska Supreme Court · 1878