Galligher v. Smiley
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Gropp, J. cited: Be Witt v. Sewing Machine Co., 17 Neb., 533; Turner v. Althaus, 6 Id., 54; Horbach v. Miller, 4 Id., 32; Bull v. Conroe, 13 Wis., 233; Weeks v. Milwaukee, 10 Wis., 242; Sarahas v. Fenton, 5 Kan., 593. The holding in Dorrington v. Myers, 11 Neb., 388, that the homestead is a vested right, is probably to be interpreted as meaning that the right is alienable only by sale or abandonment.
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Error to the district court for Douglas county. Tried below before Gropp, J. cited: Be Witt v. Sewing Machine Co., 17 Neb., 533; Turner v. Althaus, 6 Id., 54; Horbach v. Miller, 4 Id., 32; Bull v. Conroe, 13 Wis., 233; Weeks v. Milwaukee, 10 Wis., 242; Sarahas v. Fenton, 5 Kan., 593. The holding in Dorrington v. Myers, 11 Neb., 388, that the homestead is a vested right, is probably to be interpreted as meaning that the right is alienable only by sale or abandonment. Barber v. Rorabeck, 36 Mich., 399, is not well considered, and in both Michigan and Texas the homestead right is recognized in…
1Opinion of the Court
Reese, Ch. J.
This was a proceeding in aid of execution.
Plaintiff in error filed her petition in the district court in which she alleged in substance that she was the owner of certain judgments which had been rendered by the district court of Douglas county against defendants in error, to-wit: one in favor of the Omaha National Bank for $1,225.52, rendered at the October term, 1874; one in favor of John McCormick & Co., for $429.94, and one for $207.35 in favor of Joseph Sheeley and others, rendered at the March term, 1872; that said judgments had been revived and were in full force as liens…
2Cases cited4 opinions
- McHugh v. SmileyNebraska Supreme Court · 1885
- Vos v. DykemaMichigan Supreme Court · 1873
- Ham v. Santa Rosa BankCalifornia Supreme Court · 1882
- Bassett v. MessnerTexas Supreme Court · 1868
3Cited by17 opinions
- Dougherty v. WhiteNebraska Supreme Court · 1924
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Palmer v. SawyerNebraska Supreme Court · 1905
- Anderson v. SchertzNebraska Supreme Court · 1913
- United States v. MorganDistrict Court, D. Colorado · 1982
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