Edee v. Strunk
Nebraska Supreme Court
Error to the district court for Pawnee county. Tried below before Appelget, J. The order appointing a receiver was void; and money collected thereunder may be recovered by the party entitled to receive it, in an action for money had and received.
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Error to the district court for Pawnee county. Tried below before Appelget, J. The order appointing a receiver was void; and money collected thereunder may be recovered by the party entitled to receive it, in an action for money had and received. (Johnson v. Powers, 21 Neb., 292.) The prevailing rule is that the process, regular on its face, is sufficient to protect the officer against personal responsibility in serving it; but when he claims property under it, he must show a valid judgment. (Gidday v. Witherspoon, 35 Mich., 368; Beach v. Botsford, 1 Doug. [Mich.], 199; Adams v. Hubbard, 30…
1Opinion of the Court
'Post, J.
This was an action in the district court of Pawnee county in which the plaintiff in error sought to recover from the defendant in error money which the latter had collected as receiver under an appointment alleged to be void. The facts, so far as they are material to a consideration of the question involved, are as follows: Plaintiff in error was the owner of certain property in Pawnee City on which there were liens amounting in the aggregate to more than $>16,000, exclusive of taxes, which amounted to $251.66. On the 11th day of February, 1889, two of the creditors commenced an…
2Cases cited3 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Gidday v. WitherspoonMichigan Supreme Court · 1877
- Johnson v. PowersNebraska Supreme Court · 1887
3Cited by2 opinions
- Starr v. Bankers Union of WorldNebraska Supreme Court · 1908
- Wells v. Farmers State BankNebraska Supreme Court · 1933