First National Bank v. Gandy
Nebraska Supreme Court
Error to the district court for York county. Tried below before Post, J. cited State v. Keim, 8 Neb., 68. Ferley v. County of Muskogon, 32 Mich., 182, and cases cited. Shelton vs. The State, 53 Ind., 331. Commercial Bank v. Hughes, 17 Wend., 94. Laws 1879, sec. 91. General Statutes, 749, sec. 124. The account at the bank was in the name of “York county, Nebraska, by L. J. Gandy, treasurer.” The money deposited was “public money.”
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Error to the district court for York county. Tried below before Post, J. cited State v. Keim, 8 Neb., 68. Ferley v. County of Muskogon, 32 Mich., 182, and cases cited. Shelton vs. The State, 53 Ind., 331. Commercial Bank v. Hughes, 17 Wend., 94. Laws 1879, sec. 91. General Statutes, 749, sec. 124. The account at the bank was in the name of “York county, Nebraska, by L. J. Gandy, treasurer.” The money deposited was “public money.” The law will not compel payment of individual debts of treasurer out of this money. Laws of 1879, 156. By this act money is under official control. It gives a right…
1Opinion of the CourtCobb, J.
This is a controversy between the plaintiff in error and the Farmers’ and Merchants’ Bank of York, as garnishee of L. J. Gandy. The plaintiff recovered a judgment some time ago against the said Lemuel J. Gandy, and having caused an execution to be issued, thereon and placed in the hands of the sheriff of York county, also sued out a process of garnishment against the Farmers’ and Merchants’ Bank of York county as a debtor of the said Lemuel J. Gandy. The bank appeared by its assistant cashier and made the following disclosure:
¥m. A. Sharrar, sworn on the part of the plaintiff, says in answer…
2Cited by9 opinions
- State v. HillNebraska Supreme Court · 1896
- State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894
- McIntosh v. JohnsonNebraska Supreme Court · 1897
- Marx v. ParkerWashington Supreme Court · 1894
- Nichols v. StateNebraska Supreme Court · 1896
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