Legal Opinion

Handy v. Brong

Nebraska Supreme Court

Decided January 15, 1875PublishedCited by 1 opinion

Error to the district court for Seward County. This, was an action of tort. Judgment overruling a motion to discharge an attachment issued in the cause, being given against Handy, defendant in the court below, he brought the cause here by petition in error. The opinion states the facts of the case. I. An action' of tort is one brought to recover damages.

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Error to the district court for Seward County. This, was an action of tort. Judgment overruling a motion to discharge an attachment issued in the cause, being given against Handy, defendant in the court below, he brought the cause here by petition in error. The opinion states the facts of the case. I. An action' of tort is one brought to recover damages. The damages are uncertain, unliquidated, and in many cases vindictive, so that a party who brings an action of tort, may be said to seek money, yet his action is not among that class of actions contemplated in sections 198 and 199 of the…

1Opinion of the CourtGantt, J.

In this action Brong was plaintiff in the court below, and in his petition there filed, he alleges that Handy, the plaintiff in error, did carelessly and negligently set fire to the prairie grass, and that this fire burned up and destroyed a large amount of his personal property, estimating the value thereof at the sum of one thousand dollars. Sometime after the commencement of the action, Brong filed an affidavit for an attachment, setting forth, inter alia, his “claim for one thousand dollars for *62personal property burned by the negligence of Ilandy ■in setting fire to and burning prairie…

2Cases cited3 opinions

  1. Pratt v. BrownWisconsin Supreme Court · 1854
  2. Raver v. WebsterSupreme Court of Iowa · 1856
  3. Davidson v. OwensSupreme Court of Minnesota · 1860

3Cited by1 opinion

  1. Hart v. BarnesNebraska Supreme Court · 1888

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