Dayton Spice-Mills Co. v. Sloan
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Scott, J. The court erred in sustaining the motion of defendants to dissolve the attachment. (Gems v. Thompson, 11 0. St., 580; Harrison v. King, 9 O. St., 388; Seidentopf v. AnnaUl, 6 Neb., 524; Monteith v. Bax, 4 Neb., 171; Weir v. Bell, 3 Ex. Div. [Eng.], 238.) References as to invalidity of the gifts: 8 Am. & Eng.
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Error from the district court of Douglas county. Tried below before Scott, J. The court erred in sustaining the motion of defendants to dissolve the attachment. (Gems v. Thompson, 11 0. St., 580; Harrison v. King, 9 O. St., 388; Seidentopf v. AnnaUl, 6 Neb., 524; Monteith v. Bax, 4 Neb., 171; Weir v. Bell, 3 Ex. Div. [Eng.], 238.) References as to invalidity of the gifts: 8 Am. & Eng. Ency. of Law, 1320; Flanders v. Blandy, 12 N. E. Rep. [O.], 321; Jackson v. Twenty-Third Street R. Co., 88 N. Y., 520; Matthews v. Hoagland, 21 Atl. Rep. [N. J.], 1054; Brittain v. Crowther, 54 Fed. Rep., 295;…
1Opinion of the CourtHarrison, J.
This action was commenced by plaintiff! in the district court of Douglas county against the defendants, on a claim not due. It also filed an affidavit setting forth the statutory grounds authorizing the issuance of an attachment in such action. A writ of attachment was ordered, and was issued and served. Motion to dissolve the attachment was presented and, on hearing, sustained. The attachment was dissolved and the cause dismissed. The plaintiff has prosecuted an error proceeding to this court.
At the time of the hearing of the motion to dissolve the attachment, or immediately prior thereto,…
2Cases cited25 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hill v. BowmanMichigan Supreme Court · 1876
- Webb v. HoseltonNebraska Supreme Court · 1876
- Ward v. ParlinNebraska Supreme Court · 1890
- Davis v. First National BankNebraska Supreme Court · 1876
20 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
- Currier v. TeskeNebraska Supreme Court · 1909
- Gurske v. StrateNebraska Supreme Court · 1958
- Glissmann v. McDonaldNebraska Supreme Court · 1935
- Enos v. HanffNebraska Supreme Court · 1915
13 more not listed; retrieve them via the Exa API.