Ceres Fertilizer, Inc. v. Beekman

Ceres Fertilizer, Inc., has appealed from an order and judgment on the mandate of the District Court for Gage County which directed that funds held by the clerk of the District Court be paid to Fred Beekman’s assignees. The funds had been held pursuant to an attachment which had been determined to be invalid upon appeal to this court in Ceres Fertilizer, Inc. v. Beekman, 205 Neb. 768, 290 N.W.2d 199 (1980). The appellant assigns as error: (1) The trial court’s finding that by bringing suit on the note, plaintiff had made an election of remedies and therefore precluded future reliance upon the…