Bemis v. Gannett
Nebraska Supreme Court
Error from the district court of Douglas county. We contend that this action could be maintained, even if the case of Wren v. Bemis had already been decided in favor of Wren, for under the facts set forth in the petition, Bemis was entitled to possession without reference to who held the legal title. Ereeman on Executions, sec. 475. Wetherbee v. Dunn, 36 Cal., 157. Duse v. Clark, 34 Cal., 664. Maynev.
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Error from the district court of Douglas county. We contend that this action could be maintained, even if the case of Wren v. Bemis had already been decided in favor of Wren, for under the facts set forth in the petition, Bemis was entitled to possession without reference to who held the legal title. Ereeman on Executions, sec. 475. Wetherbee v. Dunn, 36 Cal., 157. Duse v. Clark, 34 Cal., 664. Maynev. Jones, 34 Cal., 483. George W. Ambrose, for defendant in error, cited High on Injunctions, sec. 981. Gray v. Viers, 33 Md., 159. Sherman v. N. 7. Mills, 11 How. Pr., 269. Sicks v. Southwick, 12…
1Opinion of the CourtCobb, J.
This is an action on an injunction bond executed by tbe defendant in error in tbe case of Hattie C. Wren v. George F. Bemis, plaintiff in error. It appears upon tbe face of tbe petition tbat tbe said action was, at tbe commencement of tbis action, still pending and undetermined in tbe court below, but tbat tbe temporary injunc*237tion upon wbicb said'bond had been executed had been dissolved upon a showing upon affidavits. The defendant in error demurred to the petition on the ground that it did not state facts sufficient to constitute a cause of action, and for a defect of parties plaintiff. The…
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