Noble v. Himeo
Nebraska Supreme Court
Error to the district court for Fillmore county. Tried below, before Weaver, J. The facts Eippear in the opinion. ' 1. A man cannot stand by and see his property sold under an execution against another without opposition,, and then claim the property. Danmielv. Gorham, 6 Cal., 44. Bond v. Ward, 7 Mass., 123. Taylor v. Seymoivr, 6 Cal., 512. Vose v. Stickney, 8 Minn., 79. Wellington r.
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Error to the district court for Fillmore county. Tried below, before Weaver, J. The facts Eippear in the opinion. ' 1. A man cannot stand by and see his property sold under an execution against another without opposition,, and then claim the property. Danmielv. Gorham, 6 Cal., 44. Bond v. Ward, 7 Mass., 123. Taylor v. Seymoivr, 6 Cal., 512. Vose v. Stickney, 8 Minn., 79. Wellington r. Sedgwick, 12 Cal., 476. Killey v, Scannell, 12 Cal., 73. Dunlap v. Berry, 5 111., 327. Lewis v. Whittmore, 5 N. H., 577. 2. The law does not prescribe a bond for constable. Gen. Stat., 99, sec’s 2, 5. The bond…
1Opinion of the Court
Maxwell, Ch. J.
In August, 1877, the Sandwich Enterprise Company recovered a judgment for the sum of $314.75 against Lorenzo Snow, in the county court of Fillmore county, upon which an execution was issued in October of that year, and delivered to George D. Noble, a constable, who levied upon certain patent medicines of the value of $35.05, in the possession of Snow, but belonging to Himeo & Co., and sold the same under said execution and paid the proceeds to the plaintiff in execution. This action is brought by Himeo & Company against the constable and his sureties, upon his official bond,…
2Cases cited1 opinion
- Williams v. GoldenNebraska Supreme Court · 1880