Taylor v. Ryan
Nebraska Supreme Court
Action in the district court of Bichardson county by Byan to' recover damages arising from the sale of certain property, of which he claimed to be the owner, by Taylor, constable, who had levied on and held it as the property of one Postal, by virtue of an order of attachment issued in a cause wherein LeBlanc was plaintiff and Postal defendant.
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Action in the district court of Bichardson county by Byan to' recover damages arising from the sale of certain property, of which he claimed to be the owner, by Taylor, constable, who had levied on and held it as the property of one Postal, by virtue of an order of attachment issued in a cause wherein LeBlanc was plaintiff and Postal defendant. On the trial before Davidson, J., the defendants asked the court to instruct the jury that if the chattel mortgage referred to in the opinion “was not accompanied by an immediate delivery of the property mortgaged and followed by an actual and…
1Opinion of the Court
Cobb, Ch. J.
The sixth and seventh grounds of error ag set out in the petition in error are made the foundation of the first points in their brief, and we will consider them in that order.
6. Because there was no evidence tending to connect defendant LeBlanc with any wrongful act that may have been done by defendant Taylox-, and there was no evidence tending to prove that LeBlanc aided, abetted, or advised the constable Taylor to seize or sell dhe property in controversy.
7. Because there was no evidence as shown by the bill of exceptions to sustain a verdict again.st defendant LeBlanc, and the…
2Cases cited3 opinions
- Hyde v. CooperSupreme Court of Vermont · 1854
- Perrin v. ClaflinSupreme Court of Missouri · 1847
- Matthewson v. BurrNebraska Supreme Court · 1877
3Cited by5 opinions
- Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915
- Murray v. MaceNebraska Supreme Court · 1894
- Lee v. StateNebraska Supreme Court · 1946
- Cole v. EdwardsNebraska Supreme Court · 1897
- City of South Bend v. TurnerIndiana Supreme Court · 1904