Davis v. Ballard
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. All civil actions in Nebraska other than proceedings in attachment are commenced with the issuance of the writ of summons which is served on the defendant.
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Error from the district court of Lancaster county. Tried below before Hall, J. All civil actions in Nebraska other than proceedings in attachment are commenced with the issuance of the writ of summons which is served on the defendant. The filing of the petition is not the commencement of the action, and although a petition may remain on file before the time of the issuance of an alias summons, yet in law the action must be considered as commenced at the issuance of the summons which is actually served upon the defendant. (Gropsey v. Wiggenhorn, 3 Neb., 116; Baker v. Sloss, 13 Neb., 231; Gage…
1Opinion of the Court
Irvine, C.
On the 10th day of September, 1891, Sophia W. Davis filed her petition in the district court of Lancaster county *832against John G. Ballard, Caleb Strickler, the First State Bank of Bertrand, and James A. Ruby, sheriff, to recover damages for a wrongful attachment of property alleged to belong to plaintiff, but to have been seized upon a writ directed against a third person, it being alleged that Ruby, as sheriff, levied the attachment; that Ballard, as plaintiff, directed the levy, and that the other defendants rendered aid and assistance in the act. ■ Upon the same day a summons was…
2Cases cited1 opinion
- Coffman v. BrandhoefferNebraska Supreme Court · 1891
3Cited by6 opinions
- Hanna v. Emerson, Talcott & Co.Nebraska Supreme Court · 1895
- Congdon v. KendallNebraska Supreme Court · 1898
- Hunter v. MayTennessee Supreme Court · 1930
- Mosher v. HuwaldtNebraska Supreme Court · 1910
- Lamb v. FinchNebraska Supreme Court · 1910
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