Cortelyou v. Maben
Nebraska Supreme Court
Error from the district court of Holt county. Tried below before Bartow, J. A forthcoming bond, reciting the sheriff’s seizure of certain property under a writ of detinue in the case, and conditioned for the delivery of it with other property if the suit fails, estops plaintiff from showing that such property was not so seized, or that it did not go into his possession under the bond. (Hill v. Nelms, 5 So. Rep. [Ala.], 797; Case v. Steele, 8 Pac.
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Error from the district court of Holt county. Tried below before Bartow, J. A forthcoming bond, reciting the sheriff’s seizure of certain property under a writ of detinue in the case, and conditioned for the delivery of it with other property if the suit fails, estops plaintiff from showing that such property was not so seized, or that it did not go into his possession under the bond. (Hill v. Nelms, 5 So. Rep. [Ala.], 797; Case v. Steele, 8 Pac. Rep. [Kan.], 242; Smith v. Fargo, FI Cal., 157; MoMillan v. Dana, 18 Cal., 339; Bowers v. Beck, 2 Nev., 150; Higdon v. Vaughn, 58 Miss., 572; Goebel…
1Opinion of the CourtNorval, C. J.
This is an action brought by the plaintiffs in error against defendants in error upon a delivery bond, executed by the defendants for the release of certain personal prop*514erty, which was taken under order of attachment issued out of the county court of Hall county in two actions pending in said court, wherein Luther B. Maben was defendant, and in one of which J. G. Cortelyou, Ralph Ege, and M. N. Yan Zant, parties doing business under the name of the Bank of Ewing, were plaintiffs, and in the other, Grace Reed, Ellis O. Jones, Freeman P. Kirkendall, and Charles A. Coe, partners under the name…
2Cases cited9 opinions
- Lowe v. City of OmahaNebraska Supreme Court · 1891
- Gregory v. KaarNebraska Supreme Court · 1893
- Asch v. WileyNebraska Supreme Court · 1884
- Burlington & Missouri River Railroad v. HarrisNebraska Supreme Court · 1879
- Simeon Farwell & Co. v. CramerNebraska Supreme Court · 1893
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3Cited by12 opinions
- Stoppert v. NierleNebraska Supreme Court · 1895
- City of Chadron v. GloverNebraska Supreme Court · 1895
- Smith v. MasonNebraska Supreme Court · 1895
- Wiseman v. ZieglerNebraska Supreme Court · 1894
- Prucka v. Eastern Sarpy Drainage DistrictNebraska Supreme Court · 1953
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