Whipple v. Hill
Nebraska Supreme Court
Error from the district court of Greeley county. Tried below before. Coffin, J. The issuance of an order of attachment is a ministerial duty and not prohibited on legal holidays by statute. (Place v. Taylor, 22 O. St., 322; In re Worthington, 7 Biss. [U. S.], 455; Glenn v. Eddy, 17 Atl.
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Error from the district court of Greeley county. Tried below before. Coffin, J. The issuance of an order of attachment is a ministerial duty and not prohibited on legal holidays by statute. (Place v. Taylor, 22 O. St., 322; In re Worthington, 7 Biss. [U. S.], 455; Glenn v. Eddy, 17 Atl. Rep. [N. J.], 145; Weil v. Geier, 21 N. W. Rep. [Wis.], 246; Smith v. Ihling, 11 Id. [Mich.], 408; Spaulding v. Bernhard,, 44 Id. [Wis.], 643; Green v. Walker, 41 Id. [Wis.], 534; Johnson v. Day, 17 Pick. [Mass.], 109; 29 Am. Law Reg., p. 140, and cases cited.)
1Opinion of the CourtNos val, J.
The defendant in error commenced an action by attachment in the county court of Greeley county against plaintiff in error to recover the sum of $205.95 on a promissory note. The affidavit for the attachment was filed and the writ issued on the 1st day of September, 1890. Service was had on the following day. Subsequently defendant filed a motion in the county court to discharge the attachment upon the following grounds:
1. Because the allegations in plaintiff’s affidavit are insufficient to sustain the attachment.
2. Because the allegations in said affidavit are untrue.
3. Because the writ of…
2Cases cited7 opinions
- Whitney v. BlackburnOregon Supreme Court · 1889
- Mayer v. ZingreNebraska Supreme Court · 1885
- Hadley v. MusselmanIndiana Supreme Court · 1885
- Merchants National Bank v. JaffrayNebraska Supreme Court · 1893
- Weil v. GeierWisconsin Supreme Court · 1884
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3Cited by15 opinions
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
- Reclamation District No. 535 v. HamiltonCalifornia Supreme Court · 1896
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- Bryant v. BryantArizona Supreme Court · 1932
- Máquez v. Junta Insular de EleccionesSupreme Court of Puerto Rico · 1930
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