Clarke v. Nebraska National Bank

An opinion was filed herein at the September term, 1896, denying a motion to dismiss made on the ground that the order sought to be reviewed was not a final order within- the meaning of section 581 of the Code of Civil Procedure. (Clarke v. Nebraska Nat. Bank, 49 Neb. 800.) This submission is upon the merits. The Nebraska National Bank, on April 10, 1896, obtained a judgment in the district court of Douglas county against Henry T. Clarke and William E. Clarke for $12,843.75, besides costs. On April 11, 1896, an execution was issued -thereon, which was returned by the sheriff wholly…