Hansen v. Bergquist
Nebraska Supreme Court
Error to tbe district court of Dodge county. Heard before Post, J., on motion of defendant to quash an execution issued by the clerk upon a transcript filed in his office of the proceedings and judgment of the county (formerly probate) court of Douglas county.
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Error to tbe district court of Dodge county. Heard before Post, J., on motion of defendant to quash an execution issued by the clerk upon a transcript filed in his office of the proceedings and judgment of the county (formerly probate) court of Douglas county. Motion sustained and exceptions taken by plaintiff. 1. "Where a transcript of a judgment is filed in a different county from where it was rendered, the defendant cannot avail himself of any defense he may have to such judgment by attacking it in the county where the transcript is filed, but must make his defense against the original…
1Opinion of the Court
Maxwell, Ch. J
On the 10th day of March, 1879, the following •transcript was filed in the office of the clerk of the district court of Dodge county:
“ Kama Hansen, _ 1 Grustave Bergquist. J 1015.
“ July 6,1874. Plaintiff, by her attorneys, Beals and Shropshire, filed her bill of particulars, alleging that the defendant is indebted to the plaintiff in the sum of $500, costs, expenses, and damages arising from the pregnancy of plaintiff by defendant.
“ July 17, 1874. Eeturned served on the 6th of July, 1874, by delivering of a certified copy of summons to defendant in Douglas county, Nebraska.
“…
2Cases cited3 opinions
- Smith v. PinneyNebraska Supreme Court · 1873
- Banks v. UhlNebraska Supreme Court · 1876
- Hodge v. Ruggles & St. L., K. C. & N. R. Co.Supreme Court of Iowa · 1872
3Cited by14 opinions
- Connelly v. EdgertonNebraska Supreme Court · 1887
- Brownlee v. DavidsonNebraska Supreme Court · 1890
- In re MillerNebraska Supreme Court · 1891
- Royal Trust Co. of Chicago v. Exchange Bank of CortlandNebraska Supreme Court · 1898
- McNair v. State ex rel. PowersNebraska Supreme Court · 1889
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