Wilson v. Burney
Nebraska Supreme Court
Error from tbe district court of Lancaster county. Tbe opinion states tbe case. 1. Tbe payment of tbe judgment by tbe defendant in error, wbo was one of tbe parties thereto, extinguished it, and bis only remedy was by action against Taylor..
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Error from tbe district court of Lancaster county. Tbe opinion states tbe case. 1. Tbe payment of tbe judgment by tbe defendant in error, wbo was one of tbe parties thereto, extinguished it, and bis only remedy was by action against Taylor.. Bank of Saline county v. Abbott, 3 Denio, 181. Ontario Bank v. Walker, 1 Hill, 652. Breston v. Stall-worth, 37 Ala., 402. White v. Brown, 5 Dutch, 307. Briley v. Sugg, 1 Dev. & B. N. C. Eq., 366. Wyman v. Davenport, 9 Mass., 138. Harbeck v. Vanderbilt, 20 N. Y., 335. 2. The assignment of the judgment by Humphrey Bros, was in writing, and assigned the…
1Opinion of the Court
Maxwell, Ch. J.
On the seventh day of April, 1876, Humphrey Brothers commenced an action before a justice of the peace against Horace Taylor, E. A. Berry, and the defendant, and on the thirteenth of that month recovered judgment against Taylor as principal, and Berry and Burney as sureties, for the sum of $69.16 and costs of suit. On the same day an execution was issued on said judgment and returned by the sheriff: “ I hereby certify that I cannot find any chattel property belonging to the within named defendants whereon to levy this writ.”
On the same day the plaintiff filed an affidavit…
2Cited by9 opinions
- Nelson v. WebsterNebraska Supreme Court · 1904
- State ex rel. Davis v. Kilgore State BankNebraska Supreme Court · 1924
- Johnson v. SamuelsonNebraska Supreme Court · 1908
- Kramer v. Bankers Surety Co.Nebraska Supreme Court · 1911
- Hollingsworth v. FitzgeraldNebraska Supreme Court · 1884
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