Jenkins v. State
Nebraska Supreme Court
Error to the district court for Butler county. Tried below before Sedgwick, J. argued: In replevin cases, other than of distress, the ownership is determined by the result of the suit. Pending this, the property was regarded as in the custody of the law,’ though in the plaintiff’s possession. Wells, Replevin, sec. 470; Bruner v. Dyball, 42 111., 34; Bardy v. Keeler, 56 111., 152; Stevens v. Twite, 104 Mass., 332; Miller v. White, 14 Fla., 435; Millilcen v. Selye, 6 Hill, 623.
1Opinion of the CourtShdlpvan, J.
This case is before us on rehearing. The former opinion (Jenkins v. State, 59 Nebr., 68), contains a sufficient statement of the facts upon which our decision is grounded. The defendant has, in his supplemental brief, exhaustively reviewed the authorities touching the power of the district court to make the order for restitution and to enforce it by proceeding against him for contempt; but he has entirely failed to convince us that the conclusion heretofore reached upon that question is erroneous. Further investigation and reflection has only strengthened and confirmed us in our conviction…
2Cases cited13 opinions
- Northwestern Fuel Co. v. BrockSupreme Court of the United States · 1891
- Moore v. JordanTexas Supreme Court · 1886
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Bender Bros. v. LockettTexas Supreme Court · 1885
- Gott v. PowellSupreme Court of Missouri · 1867
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3Cited by6 opinions
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- Ex Parte FullerSupreme Court of Missouri · 1932
- Wilson v. Columbia Casualty Co.Ohio Supreme Court · 1928
- State on behalf of Maria B. & Renee B. v. Kyle B.Nebraska Supreme Court · 2018
- Sturgeon v. WilsonNebraska Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.