Hicklin v. Nebraska City National Bank
Nebraska Supreme Court
On the fifteenth day of September, 1874, the Nebraska City National Bank obtained a judgment in the district court of Otoe county against Thomas H. Adams, Wesley Conner, and J. Gordon Conner, and on the twenty-second of October following, caused execution to be issued and levied upon certain personal property in possession of Thomas H. Adams.
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On the fifteenth day of September, 1874, the Nebraska City National Bank obtained a judgment in the district court of Otoe county against Thomas H. Adams, Wesley Conner, and J. Gordon Conner, and on the twenty-second of October following, caused execution to be issued and levied upon certain personal property in possession of Thomas H. Adams. Adams then brought suit to restrain a sale under the levy, alleging in substance that he was not the owner of the property, but only a mortgagee thereof. The district court dismissed the action, and upon a review of the case here its judgment was…
1Opinion of the CourtBakb, J.
The bill of exceptions containing the testimony and questions decided during the trial having been quashed on motion of the defendant in error, the main question left for consideration is, whether the petition states facts sufficient to constitute a cause of action. This question was distinctly raised by demurrer in the court below, and there decided in the affirmative.
As shown by the petition, the action was brought on an undertaking executed by the defendants below to Frank M. Farber, as sheriff of Otoe county, in a certain replevin suit, brought before a justice of the peace by Thomas H.…
2Cases cited2 opinions
- Shaw v. . TobiasNew York Court of Appeals · 1849
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
- Smith v. ElliottSupreme Court of Florida · 1908
- General Securities Co. v. HindesSupreme Court of Kansas · 1925
- France v. LarkinNebraska Supreme Court · 1914
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