Legal Opinion

Ryan v. State Bank

Nebraska Supreme Court

Decided July 15, 1880PublishedCited by 8 opinions

Error to the district court of Richardson county. Tried below before Weaver, J., who rendered judgment on the verdict of a jury against Ryan, one of the defendants there, for $580.96 and costs of suit. Further facts appear in the opinion. cited Montgomery v. Henry, 10 Mich., 19. Aucker v. Adams, 23 Ohio State, 543. Eaton v. Bartseherer, 5 Neb., 469. An allegation that Hall had no property is no excuse for not issuing execution.

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Error to the district court of Richardson county. Tried below before Weaver, J., who rendered judgment on the verdict of a jury against Ryan, one of the defendants there, for $580.96 and costs of suit. Further facts appear in the opinion. cited Montgomery v. Henry, 10 Mich., 19. Aucker v. Adams, 23 Ohio State, 543. Eaton v. Bartseherer, 5 Neb., 469. An allegation that Hall had no property is no excuse for not issuing execution. Eunlevy v. Tallmadge, 32 N. Y., 457. Before the bank could recover in this action, it was incumbent upon it to prove not only that Ryan had neglected to enter the…

1Opinion of the CourtLake, J.

The action below was brought by the bank to recover from the plaintiff in error, and other co-defend*527ants alleged to have been sureties on his official bond, for damages occasioned by his neglect properly to enter upon the judgment record and index of the district court of which he was clerk a transcript of a judgment rendered by the probate court of Richardson county in favor of said bank, and against William Hall and others, so as to bind the real estate of said Hall as against subsequent purchasers.

The first of the alleged errors relates to the petition, which it is claimed was demurrable…

2Cases cited3 opinions

  1. Kendall v. KingsleyMassachusetts Supreme Judicial Court · 1876
  2. The People v. . WalkerNew York Court of Appeals · 1858
  3. Lash v. ChristieNebraska Supreme Court · 1876

3Cited by8 opinions

  1. State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
  2. Cheney v. StraubeNebraska Supreme Court · 1892
  3. Croco v. HilleSupreme Court of Kansas · 1903
  4. Barker v. WheelerNebraska Supreme Court · 1904
  5. Storz v. FinklesteinNebraska Supreme Court · 1897

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