Legal Opinion

State v. McColery

Nebraska Supreme Court

Decided November 9, 2018No. S-17-1121PublishedCited by 10 opinions

1Opinion of the CourtFreudenberg, J.

*156 NATURE OF CASE

This is an appeal by the debtor's former attorney from an order in garnishment enforcing a statutory lien by the State for past-due child support, against an appearance bond deposit held by the clerk of the court in a criminal case unrelated to the child support order. During the pendency of the criminal matter, the debtor had assigned to his attorney his contingent right to a return of the bond deposit, as part of the debtor's payment for the attorney's services. During the garnishment proceedings, the attorney asserted that appearance bond funds are not personal property…

2Cases cited23 opinions

  1. Weiss v. McFaddenSupreme Court of Arkansas · 2003
  2. Wisner v. Vandelay Invs., L.L.C.Nebraska Supreme Court · 2018
  3. Myers v. Nebraska Investment CouncilNebraska Supreme Court · 2006
  4. Cattle Nat. Bank & Trust Co. v. WatsonNebraska Supreme Court · 2016
  5. Fisher v. PayFlex Systems USANebraska Supreme Court · 2013

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3Cited by10 opinions

  1. Weyh v. GottschNebraska Supreme Court · 2019
  2. Brown v. StateNebraska Supreme Court · 2020
  3. Mullins v. Box Butte CountyNebraska Supreme Court · 2024
  4. Preserve the Sandhills v. Cherry CountyNebraska Supreme Court · 2021
  5. Fountain II v. Douglas Cty. Bd. of Equal.Nebraska Supreme Court · 2024

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