Legal Opinion

First National Bank v. Hollerin

Nebraska Supreme Court

Decided March 17, 1891PublishedCited by 1 opinion

Appeal from the district court for Platte county. Heard below before Marshall, J. contending that remedies at law should first have been exhausted : McConnell v. Dichson, 43 111., 99; Bigelow v. Andress, 31 Id., 322; McDowell v. Cochran, 11 Id., 31; McDermutt v. Strong, 4 Johns.

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Appeal from the district court for Platte county. Heard below before Marshall, J. contending that remedies at law should first have been exhausted : McConnell v. Dichson, 43 111., 99; Bigelow v. Andress, 31 Id., 322; McDowell v. Cochran, 11 Id., 31; McDermutt v. Strong, 4 Johns. Ch. [N. Y.], 689; Stone v. Manning, 2 Scam. [111.], 531; Manchester v. McKee, 4 Gilm. [111.], 511; Adsit v. Sanford, 23 Hun [N. Y.], 45. cited, in reply to the contention: Drake, Attachment, see. 225; 3 Pomeroy, Eq. Jur., sec. 1415; Cornell v. Radioay, 22 Wis., 264; Bech v. Burdett, 1 Paige [N. Y.], 305; Keene v.…

1Opinion of the CourtMaxwell, J.

This is an action to remove a cloud from the title of real estate and subject it to the payment of a certain judgment. The plaintiff, after alleging its incorporation, states “ that on the 7th day of July the plaintiff commenced an action in this court against said Daniel Hollerin to recover said amount and filed in said action the necessary affidavit and bond for an order of attachment against the property of the defendant Hollerin; that thereupon a summons and order of attachment against the property of said Hollerin was duly issued out of said court arid placed in the hands of the sheriff…

2Cases cited1 opinion

  1. Keene v. SallenbachNebraska Supreme Court · 1883

3Cited by1 opinion

  1. Grandin v. First National BankNebraska Supreme Court · 1904

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