Livingston v. Coe
Nebraska Supreme Court
This was an action upon a promissory note, brought in the district court for Thayer county, in which an attachment was issued and levied upon land owned by Livingston. The petition in the cause was headed “Supreme Court of the State of New York,” The venue of the affidavit upon which the attachment issued was “State of Nebraska, County of Thayer, ss.”
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This was an action upon a promissory note, brought in the district court for Thayer county, in which an attachment was issued and levied upon land owned by Livingston. The petition in the cause was headed “Supreme Court of the State of New York,” The venue of the affidavit upon which the attachment issued was “State of Nebraska, County of Thayer, ss.” Motion to dissolve the attachment was made and overruled, and the cause brought here to reverse that order of the district court. contended that the attachment could not properly be issued, there being no petition filed which complied with the…
1Opinion of the Court
Lake, Ch. J.
This is a petition in error from Thayer county. The case presents but a single question for our decision.
Although presented in a variety of forms there is really but a single objection.in this record to the action of the district court, which was its refusal to dissolve the attachment and release the property upon which it had been levied. There were two motions to quash the order of attachment filed, the first one oh the twenty-first day of May, 1873, which was overruled on the twelfth day of June, next following, and the second, filed June 10th, 1874, which on motion was…
2Cases cited2 opinions
- Ilsley v. HarrisWisconsin Supreme Court · 1859
- State v. BryantIndiana Supreme Court · 1854
3Cited by5 opinions
- Fleming v. HartrickWest Virginia Supreme Court · 1926
- Adams v. KellyOregon Supreme Court · 1903
- Jansen & Co. v. MundtNebraska Supreme Court · 1886
- Stutzner v. PrintzNebraska Supreme Court · 1895
- Moore v. FedewaNebraska Supreme Court · 1882