Legal Opinion

Noble v. Himeo

Nebraska Supreme Court

Decided November 15, 1881Published

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

  1. Williams v. GoldenNebraska Supreme Court · 1880

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